Nix v. Watts
Supreme Court of Arkansas
Appeal from Pulaski Circuit Count, Third Division; Q. W. Hendricks, Judge; STATEMENT BY THE COURT. This appeal represents three separate suits which were consolidated and tried together. All of the actions arose from the same transaction.
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Appeal from Pulaski Circuit Count, Third Division; Q. W. Hendricks, Judge; STATEMENT BY THE COURT. This appeal represents three separate suits which were consolidated and tried together. All of the actions arose from the same transaction. In November, 1909, H. S. Dees leased the Dickey farm of 417 acres from Mrs. Hughes for a term of five years, beginning January 1, 1910, for an annual rental of $2,600. Dees sublet all but about ten acres to J. M. Gross for tbe year 1910. Dees •executed a chattel mortgage to J. A. Watts on his part of the rents from the crops grown on the Dickey place for the…
1Opinion of the Court
Hart, J.,
(after stating the facts). The court instructed the jury that it should not consider the mortgage made by Dees to Nix in arriving at its verdict, and counsel for the defendant Nix urge that the court erred in so instructing the jury. We do not agree with them. It will be remembered that the mortgage given by Dees to Nix was handed to the clerk ¡by Nix with the verba! instruction to file, but not to record it, the filing fee being paid.
Section 5407 of Kirby’s Digest, provides that whenever ¡any mortgage of personal property ¡shall be filed with the recorder upon which is endorsed the…
2Cases cited3 opinions
- State v. SmithSupreme Court of Arkansas · 1883
- Dedman v. EarleSupreme Court of Arkansas · 1889
- Price v. SkillernSupreme Court of Arkansas · 1895
3Cited by2 opinions
- Continental Supply Co. v. ThomasSupreme Court of Arkansas · 1917
- Wells v. City National BankSupreme Court of Arkansas · 1961