State v. Smith
Supreme Court of Arkansas
APPEALED from Crawford Circuit Court. Hon. R. H. Rutherford, Circuit Judge. The endorsement of £he mortgage was sufficient. The filing of the mortgage was under the act of 1877, and it was the filing, not the endorsement of the words, that created the lien and made it penal to remove the properly. The endorsement is a mere direction to the clerk, and the -filing is “placing it, as a record, in the office or case where it belongs.”
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APPEALED from Crawford Circuit Court. Hon. R. H. Rutherford, Circuit Judge. The endorsement of £he mortgage was sufficient. The filing of the mortgage was under the act of 1877, and it was the filing, not the endorsement of the words, that created the lien and made it penal to remove the properly. The endorsement is a mere direction to the clerk, and the -filing is “placing it, as a record, in the office or case where it belongs.” Oates v. Walls, — Ark., p. — The exact words are not required in the acknowledgement of the deeds, etc., if the statute is substantially complied with. Here the…
1Opinion of the CourtSmith, J.
The appellant was indicted for removing mortgaged property and pleaded “not guilty.” TJpon the trial the State offered in evidence the mortgage, which bore an indorsement, over the. signature of the mortgagee, “to be filed but not recorded.” At the same time the State proposed to show by the evidence of the mortgagee that he signed the said endorsement upon the back of said instrument; that the mortgage had not been satisfied; that the property mentioned in the indictment was the same property that was described in the mortgage, and that the defendant had removed said property beyond the…
2Cases cited2 opinions
- Wilkinson v. LelandSupreme Court of the United States · 1829
- Oates v. National BankSupreme Court of the United States · 1879
3Cited by13 opinions
- Hodges v. DawdySupreme Court of Arkansas · 1912
- Kirk v. HighSupreme Court of Arkansas · 1925
- State ex rel. Attorney General v. TrulockSupreme Court of Arkansas · 1913
- Summers v. Road Improvement District No. 16Supreme Court of Arkansas · 1923
- In re MatthewsDistrict Court, W.D. Arkansas · 1901
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