Martin v. Ogden
Supreme Court of Arkansas
APPEAL from Orawford Circuit Court in Chancery. Hon. Jas. A. Yantis, Special Judge. 1. The failure to record a mortgage until after the death of the mortgagor, and until after the rights of general creditors had intervened, will not render such mortgage void, as to such creditors. Haskell v. Sevier, 25 Ark., 152; 12 Ohio St., 38-47; Jones Oh.
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APPEAL from Orawford Circuit Court in Chancery. Hon. Jas. A. Yantis, Special Judge. 1. The failure to record a mortgage until after the death of the mortgagor, and until after the rights of general creditors had intervened, will not render such mortgage void, as to such creditors. Haskell v. Sevier, 25 Ark., 152; 12 Ohio St., 38-47; Jones Oh. Mort., p. 208, see. 240. 2. A mortgage on merchandise, the mortgagor remaining in possession, selling and replenishing in the usual course of ti-ade, where the consent to sell does not appear on the face of the instrument and there is no agreement…
1Opinion of the Court
OPINION.
i. mokt^GA’"Postainea by go?. 11„ a Since the decision of Lund v. Fletcher et al, 39 Ark., 325, it must be taken as the settled doctrine of this court, that a mortgage of articles of merchandise containing a provjsj0Uj tjjg mortgagor may remain in possession and sell, and no provision that the proceeds of sale shall be applied to the mortgage, or so invested as to fix a continuing trust upon them for the purposes of the mortgage, is invalid save between the parties. The doctrine-in that case was cautiously qualified and guarded, because of the doubts which have perplexed other courts…
2Cited by17 opinions
- Morgan v. KendrickSupreme Court of Arkansas · 1909
- In re HawksDistrict Court, D. Kansas · 1913
- Evans-Snider-Buel Co. v. McFaddenCourt of Appeals for the Eighth Circuit · 1900
- Bunch v. MaloneyCourt of Appeals for the Eighth Circuit · 1916
- Young v. Evans-Snyder-Buel Commission Co.Supreme Court of Missouri · 1900
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