Gilchrist v. Patterson
Supreme Court of Arkansas
Appeal from the Circuit Court of White county. 1st. Are mortgages assignable? A mortgage is a conveyance of title upon a condition, and if the condition be not performed, the title becomes absolute in laio, and nothing remains to the mortgagor but the right to redeem in equity — 1 Lomax Digest 329; Story Eq. sec. 1031; — and the mortgagee is entitled to the possession of the mortgaged property — 4 Kent Com. 138, 159; 2 Verm. 78; Story on Bailm. sec. 287; Story's Eq.
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Appeal from the Circuit Court of White county. 1st. Are mortgages assignable? A mortgage is a conveyance of title upon a condition, and if the condition be not performed, the title becomes absolute in laio, and nothing remains to the mortgagor but the right to redeem in equity — 1 Lomax Digest 329; Story Eq. sec. 1031; — and the mortgagee is entitled to the possession of the mortgaged property — 4 Kent Com. 138, 159; 2 Verm. 78; Story on Bailm. sec. 287; Story's Eq. Jur. 1031; Flanders vs. Barston, 18 Maine 357; Pickard vs. Low, 15 Maine 48; Brackett vs. Bullard, 12 Metcf. 308; Coty vs.…
1Opinion of the CourtChief Justice English
This was replevin in the detinet, for a slave named Westley, brought by Monroe Gilchrist against James W. Patterson, in the White Circuit Court. The action was commenced 24th March, 1856. Under the writ, the slave was taken by the sheriff, and delivered to the plaintiff.
The defendant pleaded non detinet, property in himself, and property in John P. Bearden. Issues weie made up upon the pleas, the cause submitted to a jury, verdict for defendant, and judgment in his favor for return of the slave, and damages assessed by the jury.
Pending the trial, the plaintiff took a bill of exceptions…
2Cited by4 opinions
- Dow v. Memphis & L. R. R. Co.United States Circuit Court · 1884
- Moore v. TillmanSupreme Court of Arkansas · 1926
- McCullough v. SmithCourt of Appeals for the Eighth Circuit · 1917
- Foster v. Enarc Lumber Mfg. Co.Supreme Court of Arkansas · 1961