Jordan v. Wilkerson & Carroll Cotton Co.
Supreme Court of Arkansas
Appeal from -Cross Circuit Court, R. H. Dudley, Judge; The fact that Jordan had possession of the mules at the time he mortgaged them to appellee was not conclus'ive evidence of ownership, and of the right to dispose of them. 47 Ark. 364; Forresl v. Benson, 150 Ark. 89. The act of the Lansing Company obtaining the legal title to the mules canceled the lien of the Jackson mortgage. 11 Corpus Juris, 685. Where the mortgagee authorizes the mortgagor to sell chattels, the…
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Appeal from -Cross Circuit Court, R. H. Dudley, Judge; The fact that Jordan had possession of the mules at the time he mortgaged them to appellee was not conclus'ive evidence of ownership, and of the right to dispose of them. 47 Ark. 364; Forresl v. Benson, 150 Ark. 89. The act of the Lansing Company obtaining the legal title to the mules canceled the lien of the Jackson mortgage. 11 Corpus Juris, 685. Where the mortgagee authorizes the mortgagor to sell chattels, the mortgage lien thereon is discharged. 9.4 Ark. 165. The validity of a chattel mortgage upon after-acquired property or property…
1Opinion of the CourtHumphreys, J.
This is a suit in replevin, instituted by appellee against appellants in the iCross 'Circuit Court to recover possession of two mules. The cause was submitted to the court, sitting as a jury, upon the pleadings and an agreed statement of facts, which resulted in a judgment awárding possession of the mules to appellee, from which is this appeal. The statement of facts is as follows (omitting formal parts):
“It is agreed that on the 23rd day of December, 1919, the Lansing Company sold to Prince Jackson two mules for the sum of $340. Jackson gave his notes for this sum, due on March 1, and…
2Cases cited4 opinions
- Apperson & Co. v. W. E. & C. L. MooreSupreme Court of Arkansas · 1875
- Jarratt v. McDanielSupreme Court of Arkansas · 1877
- Wooster v. CavenderSupreme Court of Arkansas · 1891
- Shurn v. WilkinsonSupreme Court of Arkansas · 1917
3Cited by3 opinions
- Valley Chevrolet Co. v. O. S. Stapley Co.Arizona Supreme Court · 1937
- Buckeye Cotton Oil Co. v. WesterfieldSupreme Court of Arkansas · 1932
- Teel v. HarndenSupreme Court of Arkansas · 1942