Strickland v. Clements
Supreme Court of Arkansas
Appeal from White Circuit Court; Jesse N. Cypert, Special Judge; The court erred in. its charge to the jury. A tender does not release the lien. 30 Ark. 505; .38 Id. 329. The plea of tender is available only when the -money is paid into court.
1Opinion of the CourtMcCulloch, J.
This is a replevin suit 'to recover possession of á m-ule and some cattle. The plaintiff claims title under a chattel mortgage executed by the defendant. The issues involved in the trial below were as to the amount due on the mortgage debt and whether .or not the defendant had made a tender of the amount. The matters were submitted to the jury upon conflicting evidence, and were determined in favor of the de-' fendant.
The defendant testified that he had, before the commencement of 'the .action, made a tender of $64 to the plaintiff, which was the -amount he claimed to be due with interest,…
2Cases cited2 opinions
- Bloom v. McGeheeSupreme Court of Arkansas · 1881
- Hamlett v. TallmanSupreme Court of Arkansas · 1875
3Cited by2 opinions
- Barton v. BowlinSupreme Court of Arkansas · 1914
- Bothe v. NoackSupreme Court of Arkansas · 1921