Legal Opinion

Blass v. Hood

Supreme Court of Arkansas

Decided December 3, 1892PublishedCited by 4 opinions

Appeal from Dallas Circuit Court. Carroll D. Wood, Judge. Gus Blass & Co. brought replevin against H. T. Hood, as administrator of the estate of 1ST. T. Hudson, alleging that, in Hudson’s life time, they sold him certain goods and merchandise which were in his possession at the time of his death ; that the goods were never paid for, and that they were entitled to the possession thereof as against the defendant.

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Appeal from Dallas Circuit Court. Carroll D. Wood, Judge. Gus Blass & Co. brought replevin against H. T. Hood, as administrator of the estate of 1ST. T. Hudson, alleging that, in Hudson’s life time, they sold him certain goods and merchandise which were in his possession at the time of his death ; that the goods were never paid for, and that they were entitled to the possession thereof as against the defendant. The answer denied plaintiff’s ownership and set up defendant’s title. The evidence established the facts that the goods were sold to Hudson by plaintiffs ; that they were in Hudson’s…

1Opinion of the CourtBattbE, J.

Sections 4398 and 4399 of Mansfield’s Digest, which provide that, in an action to collect a debt contracted by the sale of personal property, the plaintiff may obtain an order directing the sheriff or other officer to take the property in possession of the vendee and hold it subject to the orders of the court, do not create a lien in favor or the vendor, but only give him the privilege of suing out a specific attachment against the property for the purpose of creating one and preventing the vendee from getting the property beyond his reach pendente lite. Fox v. Arkansas Industrial Co. 52 Ark.…

2Cases cited2 opinions

  1. Fox v. Arkansas Industrial Co.Supreme Court of Arkansas · 1889
  2. Turner v. RisorSupreme Court of Arkansas · 1890

3Cited by4 opinions

  1. Roach v. JohnsonSupreme Court of Arkansas · 1903
  2. Jacobs v. BentleySupreme Court of Arkansas · 1908
  3. Holman v. NuttSupreme Court of Arkansas · 1915
  4. In re WilkesDistrict Court, E.D. Arkansas · 1902

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