Gauss Sons v. Doyle & Co.
Supreme Court of Arkansas
APPEAL from Washington Circuit Court. Hon. J. M. Pittman, Circuit Judge. The mortgages in this case were not within the principle of Lund v. Fletcher, 39 Ark., 325, nor Martin et al. v. Ogden, lj.1 Ark., 186. It was expressly stipulated in the mortgage that nothing should be sold without the written consent of mortgagees. The fact of leaving Bates in possession of the mortgaged property did not render the mortgage void.
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APPEAL from Washington Circuit Court. Hon. J. M. Pittman, Circuit Judge. The mortgages in this case were not within the principle of Lund v. Fletcher, 39 Ark., 325, nor Martin et al. v. Ogden, lj.1 Ark., 186. It was expressly stipulated in the mortgage that nothing should be sold without the written consent of mortgagees. The fact of leaving Bates in possession of the mortgaged property did not render the mortgage void. The rule in Twyne’s case does not obtain where there are registration laws. Lund v. Fletcher et al., 39 Ark., 325-832; Jones Chattel Mortgages, sec. 176; Herman Chattel…
1Opinion of the CourtCockrill, C. J.
The issue in this case was whether certain mortgages of merchandise given by Walter Bates to the appellants were made to hinder, delay and defraud creditors. There were two mortgages, one to each of the two appealing firms; they were identical in form and contained no provision upon which the court would seize for the purpose of declaring fraud solely as a conclusion of law. The chancellor, however, found from the evidence that they were fraudulent in fact, and gave preference to the claim of a subsequent attaching creditor in a suit by the mortgagees against the attaching creditors and the…
2Cases cited3 opinions
- Brackett v. . HarveyNew York Court of Appeals · 1883
- Weber v. ArmstrongSupreme Court of Missouri · 1879
- Sleeper v. ChapmanMassachusetts Supreme Judicial Court · 1876
3Cited by11 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. HambrightSupreme Court of Arkansas · 1908
- Coffman v. Citizens' Loan & Investment Co.Supreme Court of Arkansas · 1927
- In re HawksDistrict Court, D. Kansas · 1913
- Baker-Matthews Lumber Company v. Bank of LepantoSupreme Court of Arkansas · 1926
- Bank of Perry v. CookeSupreme Court of Oklahoma · 1895
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