Lund v. Fletcher
Supreme Court of Arkansas
APPEAL from Clark Circuit Court in Chancery. TIon. W. E. Atkinson, Special Judge. 1. There is no taint of legal fraud on the mortgage. Hughes v. Cory, 20 Iowa, 339; Constantine v. Tweloes, 29 Ala., 607; Frankhonse v. Ellett, 22 Kans., 127; Ross v. Wilson, 7 Bush. {Ky.), 29; Fnders v. Williams, 1 Metcalf {Ky), 846; Steadman v. Vickey, 4% Maine, 14%; Cent.
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APPEAL from Clark Circuit Court in Chancery. TIon. W. E. Atkinson, Special Judge. 1. There is no taint of legal fraud on the mortgage. Hughes v. Cory, 20 Iowa, 339; Constantine v. Tweloes, 29 Ala., 607; Frankhonse v. Ellett, 22 Kans., 127; Ross v. Wilson, 7 Bush. {Ky.), 29; Fnders v. Williams, 1 Metcalf {Ky), 846; Steadman v. Vickey, 4% Maine, 14%; Cent. Law Jour., February 24, 1882, p. 168. 2. But if the permission to sell and purchase renders the mortgage legally fraudulent, as to other matters, still as to the fixtures, furniture and goods originally mortgaged, remaining at the…
1Opinion of the CourtEaein, J.
Lund was doing business, as a druggist, at Arkadelphia. On the eleventh of March, 1879, he sold his business, fixtures and stock on hand to Fletcher & Co., for $3,346.79, as per inventory then made. The fixtures, consisting of soda font, show cases, etc., were easily retained in kind, for the convenience of the business, and were not intended for sale to customers. Fifteen hundred dollars were paid in cash. The balance was secured by several notes, of varying amounts, all of which have been paid, save two for $615.59 each, one due at two, and the other at three years from date. The last has…
2Cited by19 opinions
- Benedict, Hall & Co. v. Renfro Bros.Supreme Court of Alabama · 1883
- Coffman v. Citizens' Loan & Investment Co.Supreme Court of Arkansas · 1927
- In re HawksDistrict Court, D. Kansas · 1913
- C. B. Rogers & Co. v. MunnerlynSupreme Court of Florida · 1895
- Rocheleau v. BoyleMontana Supreme Court · 1892
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