Legal Opinion

McRea v. Merrifield

Supreme Court of Arkansas

Decided November 15, 1886PublishedCited by 14 opinions

APPEAL from Clay Circuit Court. Hon. W. H. Cate, Judge. 1. A fair interpretation of the contract shows that the title passed to Erwin & Nesbit, plaintiffs reserving only a security in the nature of a mortgage, which, not being recorded, was void as against appellants. The proof shows that plaintiff never relied on the condition reserving title, but that the delivery was unconditional, and a complete sale.

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APPEAL from Clay Circuit Court. Hon. W. H. Cate, Judge. 1. A fair interpretation of the contract shows that the title passed to Erwin & Nesbit, plaintiffs reserving only a security in the nature of a mortgage, which, not being recorded, was void as against appellants. The proof shows that plaintiff never relied on the condition reserving title, but that the delivery was unconditional, and a complete sale. The evidence also required a showing of solvency on the part of the vendees, and looked to other property than the machinery for the security of the notes. The contract is also indorsed :…

1Opinion of the CourtCockrill, C. J.

The appellees (the plaintifis below) brought an action of replevin against the appellants to recover possession of an engine, a saw mill and a ,lot of tools, etc. A jury being waived, the court found the facts as follows :

“That plaintifis on order shipped the mill and other property to Erwin & Nisbet under a contract of sale, in which it was expressly agreed that the title should not pass from the plaintifis to the purchasers until the purchase money was fully paid-. This is shown by the contract which is admitted in evidence. That the purchase money was never paid in full is alleged in the…

2Cases cited5 opinions

  1. Bailey v. HerveyMassachusetts Supreme Judicial Court · 1883
  2. Carter v. KingmanMassachusetts Supreme Judicial Court · 1870
  3. McIntosh v. HillSupreme Court of Arkansas · 1886
  4. Clayton v. . HesterSupreme Court of North Carolina · 1879
  5. Taylor v. County Commissioners of WorcesterMassachusetts Supreme Judicial Court · 1870

3Cited by14 opinions

  1. Smith v. BarberIndiana Supreme Court · 1899
  2. Herring-Marvin Co. v. SmithOregon Supreme Court · 1903
  3. Lockwood Bros. v. Frisco Lumber Co.Supreme Court of Oklahoma · 1908
  4. Turk v. CarnahanIndiana Court of Appeals · 1900
  5. Sunny South Lumber Co. v. Neimeyer Lumber Co.Supreme Court of Arkansas · 1896

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