Legal Opinion

Higgins v. State

Supreme Court of Arkansas

Decided January 26, 1920PublishedCited by 3 opinions

Appeal from Conway Circuit Court; A. B. Priddy, Judge; No mortgage was shown except the one given in March, 1914, for $25, and the goods furnished defendant during the year up to November 15 and was absolutely restricted to that year and the mortgage could not be stretched to cover any other than the year 1914without an agreement in writing. It could not be extended by parol. 30 Ark. 745. The mortgage of 1914 was paid off and it got on record by mistake.

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Appeal from Conway Circuit Court; A. B. Priddy, Judge; No mortgage was shown except the one given in March, 1914, for $25, and the goods furnished defendant during the year up to November 15 and was absolutely restricted to that year and the mortgage could not be stretched to cover any other than the year 1914without an agreement in writing. It could not be extended by parol. 30 Ark. 745. The mortgage of 1914 was paid off and it got on record by mistake. It is competent for parties to limit the operation of the security and the instrument secures no advances made after the expiration of the…

1Opinion of the CourtHart, J.

N. H. Higgins prosecutes this'appeal to reverse the judgment of conviction against him for the crime of obtaining money or other valuable thing by false pretenses

According to the testimony of G. C. Martin, the prosecuting witness, N. H. Higgins had worked land for him for several years and Higgins owed him for supplies which had been furnished him. In the fall of 1913 Higgins was indebted to Earl Bros., and by agreement with Martin, the latter paid off Higgins’indebtedness and took a mortgage on his stock and forty acres of land owned by his wife. The mortgage was duly signed and acknowledged…

2Cases cited3 opinions

  1. Judkins v. StateSupreme Court of Arkansas · 1916
  2. State v. VandimarkSupreme Court of Arkansas · 1880
  3. Morgan v. StateSupreme Court of Arkansas · 1883

3Cited by3 opinions

  1. Central Surety Fire Corporation v. WilliamsSupreme Court of Arkansas · 1948
  2. Anderson v. StateSupreme Court of Arkansas · 1956
  3. Moss and Clark v. StateSupreme Court of Arkansas · 1937

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