Curtis & Lane v. Flinn
Supreme Court of Arkansas
APPEAL from Prairie Circuit Court. Hon. M. T. Sanders, Circuit Judge. First — The mortgage is void for ambiguity and uncertainty in the description of the place where the cotton was to be grown and the indebtedness to be secured. It was only intended to secure, and only secured, the $100 in supplies to be advanced, and not previous indebtedness.
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APPEAL from Prairie Circuit Court. Hon. M. T. Sanders, Circuit Judge. First — The mortgage is void for ambiguity and uncertainty in the description of the place where the cotton was to be grown and the indebtedness to be secured. It was only intended to secure, and only secured, the $100 in supplies to be advanced, and not previous indebtedness. Haley certainly had the right, and did elect, to appropriate the proceeds of the two bales of cotton to the payment of the mortgage, and having tendered the balance, the lien is extinguished. % Pars. Gont. (%d ed.), lJ^l-3 and notes; ib. (6th ed.),…
1Opinion of the CourtCockrill, C. J.
This is a contest between two mercantile firms over a bale of cotton. One Robert Haley mortgaged the entire crop to be raised by him on a given farm during the year 1888 to Elinn as trustee for the benefit of Stallings & Hunt, merchants. Haley was indebted to Stallings & Hunt upon a running account for supplies in the sum of $60 or $65, when he executed the mortgage in May of 1883. Stallings & Hunt furnished supplies to Haley for the year, their account aggregating one hundred and ninety odd dollars. He delivered two bales of the mortgaged cotton to them with instructions, as he testified, to…
2Cases cited2 opinions
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- Carey v. HerrickWashington Supreme Court · 1928
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