Abbott v. Jackson
Supreme Court of Arkansas
APPEAL from Randolph Circuit Court in Chancery. Hon. J. G. Frierson Circuit Judge. Mrs. Jackson was engaged, in business on her .own account as a partner of Conner, and they bought the land as a partnership investment and it was used for partnership purposes. Being so used, it ought to be treated as personalty, and the $1000 invested by her can be entitled to no superior recognition or preference. The Act of 1883 cures all defects in the acknowledgment of the mortgage.
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APPEAL from Randolph Circuit Court in Chancery. Hon. J. G. Frierson Circuit Judge. Mrs. Jackson was engaged, in business on her .own account as a partner of Conner, and they bought the land as a partnership investment and it was used for partnership purposes. Being so used, it ought to be treated as personalty, and the $1000 invested by her can be entitled to no superior recognition or preference. The Act of 1883 cures all defects in the acknowledgment of the mortgage. She was estopped, if not by her own acts and cenduct, by those of the firm of which she was a member. The nature of Mrs.…
1Opinion of the CourtEakin, J.
This is the same case which was before us at the May Term, 1880, under the style of Connor, Ford’s Adm. et als, v. Abbott, (35 Ark., 365), and then remanded for further proceedings, under such amendments as the parties might be advised to make.
Abbott filed an amended bill, stating that since the commencement of the action the mills and machinery of the Fourche Manufacturing Company had been destroyed by fire, leaving only the lands, and a damaged Turbine wheel; that in the formation of the company the lands and mill had been valued at $16,00Q, for which stock was issued to the members of the…
2Cases cited1 opinion
- Newman v. MorrisMississippi Supreme Court · 1876
3Cited by6 opinions
- Board of Trade v. HaydenWashington Supreme Court · 1892
- Hoaglin v. C. M. Henderson &. Co.Supreme Court of Iowa · 1903
- Gilkerson-Sloss Commission Co. v. SalingerSupreme Court of Arkansas · 1892
- Toof v. BrewerMississippi Supreme Court · 1909
- Alphin v. WadeSupreme Court of Arkansas · 1909
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