First National Bank v. Cazort & McGehee Co.
Supreme Court of Arkansas
Appeal from Crawford Circuit Court; James Cochran, Judge; STATEMENT BY THE COURT. This appeal comes from a judgment against appellant in a controversy over four bales' of cotton raised by Ed Smart and delivered to the appellant to apply upon a debt secured by a mortgage held by it. The appellee brought replevin for the property claiming the right to the possession thereof, under a mortgage executed by said Smart.
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Appeal from Crawford Circuit Court; James Cochran, Judge; STATEMENT BY THE COURT. This appeal comes from a judgment against appellant in a controversy over four bales' of cotton raised by Ed Smart and delivered to the appellant to apply upon a debt secured by a mortgage held by it. The appellee brought replevin for the property claiming the right to the possession thereof, under a mortgage executed by said Smart. On appeal the case was tried by the circuit court upon an agreed statement of facts, as follows: Ed Smart raised a crop of twenty-five acres of cotton on the Anderson farm in…
1Opinion of the Court
Kirby, J.,
(after stating the facts). Appellant contends that appellee’s mortgage is void for uncertainty of description of the property conveyed and that appellant is entitled to retain the cotton delivered to it under its mortgage notwithstanding it is also void for insufficient description.
The mortgage to appellee covered fifteen acres of growing cotton and the seed therein “and all other crops or produce I may in any manner have an interest in in 1914, to be planted and grown on the Anderson farm in Crawford County.” There can be no doubt but that fifteen acres of growing cotton and the…
2Cases cited2 opinions
- Johnson v. GrissardSupreme Court of Arkansas · 1888
- Henderson v. GatesSupreme Court of Arkansas · 1889
3Cited by4 opinions
- United States v. R. D. Wilmans & Sons, Inc.Court of Appeals for the Eighth Circuit · 1958
- Parsons v. American Agricultural Chemical Co.Massachusetts Supreme Judicial Court · 1932
- McCray v. Superannuated Fund of the Evangelical AssnSupreme Court of Minnesota · 1926
- United States v. R. D. Wilmans & Sons, Inc.Court of Appeals for the Eighth Circuit · 1958