Western Tie & Timber Co. v. Campbell
Supreme Court of Arkansas
• Appeal from Jackson Chancery Court; George T. . Humphries, Chancellor; 1. The appellant’s lien under the mortgage is superior to the lien of the State for the fine and costs. Kirby’s Dig., § 2467; 35 Ark. 445; 59 Id. 213. The State has no lien on after-acquired property. 50 Ark. 112. 2. Outside the 'State the authorities are uniform that the mortgage is the superior lien. 1 Jones on Mort.
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• Appeal from Jackson Chancery Court; George T. . Humphries, Chancellor; 1. The appellant’s lien under the mortgage is superior to the lien of the State for the fine and costs. Kirby’s Dig., § 2467; 35 Ark. 445; 59 Id. 213. The State has no lien on after-acquired property. 50 Ark. 112. 2. Outside the 'State the authorities are uniform that the mortgage is the superior lien. 1 Jones on Mort. (6 ed.), § § 468-472; 92 Ga. 746; 131 Id. 668; 20 111. 57; 55 la. 245; 32 Ark. 258. 1. The lien of the State 'attached February 26,1904; the lien of the deed of trust did not attach until November 4, 1904,…
1Opinion of the CourtMcCulloch, C. J.
This controversy involves the title to a tract of land in Jackson County, Arkansas, both parties to the suit claiming title from a common source, appellant claiming under a mortgage executed by one Thomas, and appellees claiming under a sale upon execution issued against the property of Thomas.
The question in the case relates to the priority of the respective liens.
On February 11, 1904, the grand jury of Jackson County returned an indictment against Thomas for misdemeanor, and he was arrested on a bench warrant in July of the same year.
After the return of the indictment against Thomas, some…
2Cases cited7 opinions
- Leonhard v. FloodSupreme Court of Arkansas · 1900
- Rogers v. TuckerSupreme Court of Missouri · 1887
- Kaiser v. LembeckSupreme Court of Iowa · 1880
- Roane v. BakerIllinois Supreme Court · 1887
- Cohn v. HoffmanSupreme Court of Arkansas · 1887
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3Cited by12 opinions
- Howes v. KingSupreme Court of Arkansas · 1917
- United Loan & Investment Co. v. NunezSupreme Court of Arkansas · 1955
- Rogers v. Great American Federal Savings & Loan Ass'nSupreme Court of Arkansas · 1990
- Yarlott v. BrownIndiana Court of Appeals · 1925
- Garrett Tire Center, Inc. v. HerbaughSupreme Court of Arkansas · 1987
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