McClendon v. First National Bank
Supreme Court of Arkansas
Appeal from Lafayette Circuit Court; Jacob M. Carter, Judge; 1. It was error to direct a verdict for plaintiff. No' sufficient possession had been taken by the plaintiff before the lien of the attachment. 65 Ark. 33; 98 Id. 380; 100 Id. 431. 2. Defendant should have been permitted to introduce his evidence before a jury. The mortgage was not recorded, and its conditions were not broken. The mortgage was not properly acknowledged. 56 Ark. 511; 10 Wall. 650, 19 L. Ed. 1008.
1Opinion of the CourtHart, J.
Appellant prosecutes this appeal to reverse a judgment in replevin against him. The facts are as follows:
The First National Bank of Lewsville had a mortgage on the cotton crop and other personal property of Harry Wall. On the 25th day of October, 1912, Harry Wall executed a mortgage to the bank on two wagons, to secure an indebtedness due on or before December 1, 1912. The latter mortgage was not filed for record, and contained the following condition:
“But if after that day my said indebtedness, or any part thereof, shall remain due and unpaid, or should I, prior to said 1st day of December,…
2Cases cited2 opinions
- Applewhite v. Harrell Mill Co.Supreme Court of Arkansas · 1887
- McKinney v. BlakelySupreme Court of Arkansas · 1908
3Cited by3 opinions
- Wasson v. BeekmanSupreme Court of Arkansas · 1934
- In re WestbrookDistrict Court, E.D. Arkansas · 1964
- Brandes v. BarberCourt of Appeals for the Eighth Circuit · 1926