Thornton v. Findley
Supreme Court of Arkansas
Appeal from Craighead Chancery Court, Western District; Bdward D. Robertson, Chancellor; If there was a reservation of title by Findley he waived it and made the sale absolute when he accepted the second note and took a mortgage to secure payment. This was an election from which he cannot now recede. ■ Appellant’s mortgage was prior to Findley’s, not only in time of execution, but also in time of filing. Appellant therefore has the superior lien. 11 Am. & Eng. Ann.
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Appeal from Craighead Chancery Court, Western District; Bdward D. Robertson, Chancellor; If there was a reservation of title by Findley he waived it and made the sale absolute when he accepted the second note and took a mortgage to secure payment. This was an election from which he cannot now recede. ■ Appellant’s mortgage was prior to Findley’s, not only in time of execution, but also in time of filing. Appellant therefore has the superior lien. 11 Am. & Eng. Ann. Cases, 545, and cases cited; 65 Ark. 380; 76 Ark. 373; 64 Ark. 213; 78 Ark. 569; 82 Ark. 347; 48 Ark. 160; 88 Ark. 99. The…
1Opinion of the CourtFrauEnthal, J.
This was an action instituted in the chancery court by IT. C. Thornton, the plaintiff below, to foreclose a mortgage executed iby A. D. Henry to him on one surrey and one mare to secure the payment of a note. The mare was at the time of the institution of the suit in the possession of J. H. Findley, who was also made a defendant. The defendant Henry made default, but the defendant Findley filed an answer, in which he claimed a superior lien upon said mare for indebtedness due by said Henry to him. It appears from the testimony that Findley sold and delivered the mare to Henry on April 12,…
2Cases cited14 opinions
- Smead v. ChandlerSupreme Court of Arkansas · 1903
- Turman v. BellSupreme Court of Arkansas · 1891
- Dodd v. ParkerSupreme Court of Arkansas · 1883
- Butler v. DodsonSupreme Court of Arkansas · 1906
- Sunny South Lumber Co. v. Neimeyer Lumber Co.Supreme Court of Arkansas · 1896
9 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- McDonald Automobile Co. v. BicknellTennessee Supreme Court · 1914
- In Re WatsonDistrict Court, W.D. Arkansas · 1951
- West v. General Contract Purchase Corp.Supreme Court of Arkansas · 1952
- Barnett Bros. Mercantile Co. v. JarrettSupreme Court of Arkansas · 1918
- Hawkins v. First National Bank, Crossett (In Re Bearhouse, Inc.)United States Bankruptcy Court, W.D. Arkansas · 1989
17 more not listed; retrieve them via the Exa API.