Smith v. Moore
Supreme Court of Arkansas
APPEAL from Lee Circuit Court. M. T. Sanders, Judge. Appellant had a right to be made a party to the suit. Mansf. Dig., sec. 4946; 33 Ark., 611; 34 id., 328; 36 id., 434; 43 id., 37‡- There is no place for a third party claiming under an independent and distinct title, to interplead in a replevin suit, after the defendant has given the statutory retaining bond, and the property taken from his possession, restored to him under section 3381 Mansf. Dig.
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APPEAL from Lee Circuit Court. M. T. Sanders, Judge. Appellant had a right to be made a party to the suit. Mansf. Dig., sec. 4946; 33 Ark., 611; 34 id., 328; 36 id., 434; 43 id., 37‡- There is no place for a third party claiming under an independent and distinct title, to interplead in a replevin suit, after the defendant has given the statutory retaining bond, and the property taken from his possession, restored to him under section 3381 Mansf. Dig. Sucli an interplea cannot be entertained since the custody of the property, so far as the right and title of the interpleader is concerned, is…
1Opinion of the CourtBattle, J.
On the 17th of April, 1885, one J. F. Asher executed and delivered to the appellant, Smith, a deed of trust whereby he conveyed certain personal property and crops to secure an indebtedness owing to one L. A. Fitz-patrick, and payable on the 15th of October, 1885. On the same day he also executed and delivered to the appellee, Frierson Moore, a deed of trust whereby he conveyed the same property to secure an indebtedness due and payable to John P. Moore on the first of November, 1885. The deed to Smith was first filed for record in the county wherein the grantor resided, and the lien thereof…
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