Legal Opinion

First National Bank v. Evans

Supreme Court of Arkansas

Decided May 28, 1923Published

1Opinion of the CourtMcCulloch, C. J.

This case involves the priority of claims of the respective parties to crops of wheat and oats, both claims arising just after the crops were planted, and while immature. The claim of appellant is based on a chattel mortgage executed by the owner of the crop, a tenant on the farm of a third person, and the claim of appellee is based on the levy of an execution on said crops while immature, the writ being issued by a justice of the peace. In other words, the controlling question is whether growing immature crops are subject, to levy and sale under execution issued by a justice of the peace.…

2Cases cited3 opinions

  1. Penhallow v. DwightMassachusetts Supreme Judicial Court · 1810
  2. Ellithorpe v. ReidesilSupreme Court of Iowa · 1887
  3. Tipton v. MartzellWashington Supreme Court · 1899

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