Tenniswood v. Smith
Supreme Court of Arkansas
Appeal from White Circuit Court. Hance N. Hutton, Judge. Tenniswood sued Smith in replevin to recover a cotton press. Defendant answered, denying that he held the press unlawfully and claiming ownership by virtue of purchase of the land on which the press was located from Edwin Moore & Sons. Plaintiff testified that he was owner of the press in controversy ; that he leased the press to Edwin Moore & Sons, but did not sell it to them.
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Appeal from White Circuit Court. Hance N. Hutton, Judge. Tenniswood sued Smith in replevin to recover a cotton press. Defendant answered, denying that he held the press unlawfully and claiming ownership by virtue of purchase of the land on which the press was located from Edwin Moore & Sons. Plaintiff testified that he was owner of the press in controversy ; that he leased the press to Edwin Moore & Sons, but did not sell it to them. The court refused to permit plaintiff to prove by Edwin Moore that Edwin Moore & Sons never bought the press from plaintiff, but only rented it from him; that…
1Opinion of the CourtWood, J.
i. Under rules and tests announced by this court in Choate v. Kimball, 56 Ark. 61; Bemis v. First National Bank, 63 Ark. 625; Markle v. Stackhouse, 65 Ark. 23, there was evidence tending to show that the press in controversy was not a fixture.
2. The learned trial judge therefore erred in taking that question from the jury. Since the jury might have found that the press was not a fixture, the court also erred in not permitting the testimony offered by the appellant to show that appellee had notice, at the time of his) purchase of the land from the Moores, that the press situated thereon did…
2Cases cited2 opinions
- Bemis v. First National BankSupreme Court of Arkansas · 1897
- Markle v. StackhouseSupreme Court of Arkansas · 1898
3Cited by1 opinion
- Ozark v. AdamsSupreme Court of Arkansas · 1904