Green v. Abraham
Supreme Court of Arkansas
APPEAL from Ciarle Circuit Court. Hon. H. B. Stuart, Circuit Judge. Tbe acknowledgment, if void, was cured by the Act oj March 8, 1883, p. 107, and the trust deed bound the property to the exclusion of the execution.
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APPEAL from Ciarle Circuit Court. Hon. H. B. Stuart, Circuit Judge. Tbe acknowledgment, if void, was cured by the Act oj March 8, 1883, p. 107, and the trust deed bound the property to the exclusion of the execution. Act Feb. 11, 1875, p. 149. The deed of trust was good as between the parties there being no subsequent intervening rights. 25 Ark., 152. The acknowledgment having been taken before a party to the deed, was void. 46 Ga., 258; 61 IU., 307; 20 Iowa, 231; 20 Mo., 413; 83 111., 136 ; Jones Ch. Mort., Sec. 249 ; 12 Cent. Law J., 502, and the execution lien prevails.
1Opinion of the CourtSmith, J.
Green brought replevin against Abraham for thirty bushels of corn. The plaintiff’s title was derived from a deed of trust upon an unplanted crop, executed March 1, 1882, by one McReynolds to tbe plaintiff as trustee for Porter & Reeves. The deed was acknowledged before the plaintiff himself as a notary public and was spread upon the record of the county of the maker’s residence. The defendant as constable of Caddo township had, in October, 1882, seized the corn, part of said crop, under an execution to him directed against the goods and chattels of said McReynolds. The cause was tried in…
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