O'Neill v. Lyric Amusement Co.
Supreme Court of Arkansas
Appeal from Garland Chancery Court; Jethro P. Henderson, Chancellor; STATEMENT BY THE COURT. On May 30,1913, T. J. O’Neil instituted this action in the chancery court against the Lyric Amusement Company, C. J: Horner, R. Woodward, Missouri Lumber Company, Klein Raint Company, J. O.’ Rush and William Bor-man to foreclose a ¡mortgage given by the Lyric Amusement Company on its lease-hold interest in a certain building in Hot 'Springs, Arkansas, and to have said mortgage…
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Appeal from Garland Chancery Court; Jethro P. Henderson, Chancellor; STATEMENT BY THE COURT. On May 30,1913, T. J. O’Neil instituted this action in the chancery court against the Lyric Amusement Company, C. J: Horner, R. Woodward, Missouri Lumber Company, Klein Raint Company, J. O.’ Rush and William Bor-man to foreclose a ¡mortgage given by the Lyric Amusement Company on its lease-hold interest in a certain building in Hot 'Springs, Arkansas, and to have said mortgage declared a prior lien to the claims of the other defendants who had filed mechanics’ liens against the building. On May 21,…
1Opinion of the Court
Hart,. J.,
(after stating the facts). It is conceded by counsel for the plaintiff that,, owing to a defective ac-knówledgment, his mortgage is not entitled to be recorded ; counsel insist, however, that the mortgage having •been executed 'before the materials had been furnished, the plaintiff’s lien is prior to that of the materialmen notwithstanding the fact that his mortgage was not entitled to be recorded.
The defendants have asserted a lien under section 4972 of Kirby’s Digest, and counsel for the plaintiff contend that because that section does not specify recorded mortgages, it is not…
2Cases cited5 opinions
- Thielman v. CarrIllinois Supreme Court · 1874
- Smead v. ChandlerSupreme Court of Arkansas · 1903
- McFarlane v. FoleyIndiana Court of Appeals · 1901
- Miller v. StoddardSupreme Court of Minnesota · 1892
- Mulholland v. Thomson-Houston Electric Co.Mississippi Supreme Court · 1889
3Cited by9 opinions
- Burel v. East Arkansas Lumber Co.Supreme Court of Arkansas · 1917
- Hill v. ImbodenSupreme Court of Arkansas · 1920
- Hawkins v. First National Bank, Crossett (In Re Bearhouse, Inc.)United States Bankruptcy Court, W.D. Arkansas · 1989
- Bank of Hampton v. WrightCourt of Appeals for the Eighth Circuit · 1929
- Depriest v. PeikertSupreme Court of Arkansas · 1947
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