Moore v. Terry
Supreme Court of Arkansas
Appeal from Garland Circuit Court. Alexander M. Dueeie, Judge. STATEMENT BY THE COURT. This is an action of replevin brought by the appellant against the appellee, in a justice court of Garland county, to recover possession of two mules, for the purpose of subjecting them to the satisfaction of a chattel mortgage executed by appellee to appellant.
Read the full summary
Appeal from Garland Circuit Court. Alexander M. Dueeie, Judge. STATEMENT BY THE COURT. This is an action of replevin brought by the appellant against the appellee, in a justice court of Garland county, to recover possession of two mules, for the purpose of subjecting them to the satisfaction of a chattel mortgage executed by appellee to appellant. Appellant executed his bond as required by law, an order of delivery was issued thereon, and duly served by taking the mules from appellee and delivering them to appellant. • The appellant answered in the justice court, alleging that on the-day of…
1Opinion of the Court
Hughes, J.,
(after stating the facts.) It is the opinion of the court that the circuit court erred in admitting parol testimony to vary the terms of the mortgage, and in refusing to give the instructions asked upon the part of the appellant, and in giving instruction marked for the appellee, upon its own motion, for which errors the judgment must be reversed. There was in the language of the mortgage no ambiguity, and it is not pretended that the appellee, through fraud or duress, was induced to execute the same. While parol evidence may be admitted sometimes to show the circumstances under…
2Cases cited5 opinions
- Jenkins v. ShinnSupreme Court of Arkansas · 1892
- Richie v. FrazerSupreme Court of Arkansas · 1887
- Featherston v. WilsonSupreme Court of Arkansas · 1842
- Rector v. BernaschinaSupreme Court of Arkansas · 1898
- Cato v. StewartSupreme Court of Arkansas · 1873
3Cited by12 opinions
- Briggs v. SteeleSupreme Court of Arkansas · 1909
- National Bank of Eastern Arkansas v. BlankenshipDistrict Court, E.D. Arkansas · 1959
- Louisville & Nashville R. R. v. Woodford & IrelandCourt of Appeals of Kentucky · 1913
- In re HawksDistrict Court, D. Kansas · 1913
- Howell v. WalkerSupreme Court of Arkansas · 1914
7 more not listed; retrieve them via the Exa API.