State v. Harberson
Supreme Court of Arkansas
APPEAL from Montgomery Circuit Court. Hon. H. B. Stuart, Circuit Judge. The indictment is under Acts 1874-5 pp. 129-130, and the mortgage was duly filed and recorded under Acts 1877 pp. 80-82. The act makes it a felony to sell &e, any mortgaged property <( without the consent of the person or persons in whose favor such lien shall have been created, or exists by law.”
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APPEAL from Montgomery Circuit Court. Hon. H. B. Stuart, Circuit Judge. The indictment is under Acts 1874-5 pp. 129-130, and the mortgage was duly filed and recorded under Acts 1877 pp. 80-82. The act makes it a felony to sell &e, any mortgaged property <( without the consent of the person or persons in whose favor such lien shall have been created, or exists by law.” The indictment charges that the sale was made without the consent of either the mortgagee or his assignees, and was sufficiently certain to advise defendant of the offense with which he was charged.
1Opinion of the CourtEakin, J.
On the 21st day of February, 1884, the grand jury indicted Harberson for the offense of selling ■property subject to a mortgage. A demurrer was made to the indictment ©n the grounds that it was vague, indefinite, uncertain and insufficient, and because the facts did not constitute a public offense. It was sustained, and the State appeals.
The indictment charges that “ the said Harberson on the 1st day of October A. D. 1883 in the County and State aforesaid, unlawfully and feloniously did sell one horse, without the consent of Cunningham & Cubage, a firm composed of J. B. Cunningham and J. D.…
2Cited by2 opinions
- Hampton v. StateSupreme Court of Arkansas · 1899
- McClaskey v. StateSupreme Court of Arkansas · 1925