Livingston v. Pugsley
Supreme Court of Arkansas
Appeal from Clay Chancery Court, Western District, Chas. D. Frierson, Chancellor; • 1. The mortgage did not cover individual indebtedness. This was a joint contract; a unilateral contract, and Pugsley could not sue alone. .Kirby’s Digest, § § 4420, 6010; 27 Cye. 1044, C; lb. 1564, b; 8 Id. 88 v;'l5 Ene. PI. & Pr. 528; 9 Cye.. 655, 656, note 40; 5 A. & E. Enc.
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Appeal from Clay Chancery Court, Western District, Chas. D. Frierson, Chancellor; • 1. The mortgage did not cover individual indebtedness. This was a joint contract; a unilateral contract, and Pugsley could not sue alone. .Kirby’s Digest, § § 4420, 6010; 27 Cye. 1044, C; lb. 1564, b; 8 Id. 88 v;'l5 Ene. PI. & Pr. 528; 9 Cye.. 655, 656, note 40; 5 A. & E. Enc. Law, 956 (5), b; 67‘Ark. 27; 93 Id. 447; 91 Id. 10. 2. Parol evidence was inadmissible to show that the mortgage was given to secure an individual debt. 17 Cyc. 567, 586, 627, 708; 66 Ark. 393; 95 Id. 131; lb. 458. 3. Tlie former…
1Opinion of the CourtMcCulloch, C. J.
This is an action instituted at law originally by appellee against appellants to recover possession -of certain personal property for the purpose of foreclosing a chattel mortgage executed by appellants, and on motion of appellants the cause was transferred to the chancery court and -there proceeded to a final decree in appellee’s favor- foreclosing the mortgage.
Appellee was a - merchant engaged in business at Knobel, Clay County,- Arkansas, and appellants were farmers living in that vicinity. Appellants rented land from J. N. Sutton and they ran an account with appellee for supplies…
2Cases cited5 opinions
- Pulaski County v. HillSupreme Court of Arkansas · 1911
- Fourche River Lumber Co. v. WalkerSupreme Court of Arkansas · 1910
- McCombs v. WallSupreme Court of Arkansas · 1899
- Fogel v. ButlerSupreme Court of Arkansas · 1910
- Moore v. TerrySupreme Court of Arkansas · 1899
3Cited by9 opinions
- Gordon v. ClarkSupreme Court of Arkansas · 1921
- Andrews v. Victor Metal Products Corp.Supreme Court of Arkansas · 1962
- Seelig v. Phillips CountySupreme Court of Arkansas · 1917
- Goodwin v. BakerSupreme Court of Arkansas · 1917
- Mays v. BarnettSupreme Court of Arkansas · 1921
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