Morton v. Williamson
Supreme Court of Arkansas
Appeal from Sevier Circuit Court. WiEE P. Eeazee, Judge. statement by the court. This was an action originally brought in the Sevier circuit court, on the law side, by H. C. and E. Y. Williamson against R. H. Coleman, AJ West and D. T. Morton to recover of the said defendant, D. T. Morton, the value of certain lumber appropriated by the said Morton, upon which the said Williamson Bros, had a mortgage. Thereafter the action was transferred to the equity docket.
Read the full summary
Appeal from Sevier Circuit Court. WiEE P. Eeazee, Judge. statement by the court. This was an action originally brought in the Sevier circuit court, on the law side, by H. C. and E. Y. Williamson against R. H. Coleman, AJ West and D. T. Morton to recover of the said defendant, D. T. Morton, the value of certain lumber appropriated by the said Morton, upon which the said Williamson Bros, had a mortgage. Thereafter the action was transferred to the equity docket. The mortgage upon which the appellees in this case base their right of recovery was executed and delivered to the defendants on the…
1Opinion of the CourtWood, J.
(after stating the facts). We are asked to decide two questions:
1. Was the description in the mortgage too general to constitute a lien upon the lumber sold to appellant? The clause, “all the lumber and logs now on the ground, and all that may be put on the ground and sawed by us until final settlement of our account with Williamson Bros.,” created a lien upon the lumber that was sold to appellant. Judge Story in Mitchell v. Winslow, 2 Story, 630, says: “It seems to me the clear result of all the authorities, that wherever the parties, by their contract, intend to create a •positive lien or…
2Cases cited8 opinions
- Mitchell v. WinslowU.S. Circuit Court for the District of Maine · 1843
- Wright v. Bircher'sSupreme Court of Missouri · 1880
- Apperson & Co. v. W. E. & C. L. MooreSupreme Court of Arkansas · 1875
- Lund v. FletcherSupreme Court of Arkansas · 1882
- Martin v. OgdenSupreme Court of Arkansas · 1883
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Dover Lumber Co. v. CaseIdaho Supreme Court · 1918
- Kenney v. HurlburtOregon Supreme Court · 1918
- United States v. BartholomewDistrict Court, W.D. Arkansas · 1956
- May Way Mills, Inc. v. Jerpe Dairy Products Corp.Supreme Court of Arkansas · 1941
- Little v. National BankSupreme Court of Arkansas · 1910
3 more not listed; retrieve them via the Exa API.