Estes v. Lamb & Co.
Supreme Court of Arkansas
Appeal from Craighead Chancery Court, Western District; Archer Wheatley, Chancellor; STATEMENT OE FACTS. Appellees brought this suit in equity against appellants to obtain judgment for an account due them and for the foreclosure of a chattel mortgage given to secure the same.
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Appeal from Craighead Chancery Court, Western District; Archer Wheatley, Chancellor; STATEMENT OE FACTS. Appellees brought this suit in equity against appellants to obtain judgment for an account due them and for the foreclosure of a chattel mortgage given to secure the same. In their complaint they alleged that Albert Estes executed a chattel mortgage on two mules to secure an account for merchandise and supplies to be furnished him in 1919; that subsequently Estes sold the mules to J. A. Coward; that J. A. Coward sold the mules to J. H. Coward, and that said mules are now in the possession…
1Opinion of the CourtHart, J.
(after stating the facts). Following the rule of the common law, this court has held that a parol reservation of title in personal property made at the time of the sale is valid, and that such oral reservation of title is effectual as against a Iona fide purchaser for value to the same extent as such a reservation in a written contract. Jones v. Bank of Commerce, 131 Ark. 362. To the same effect see Begrist v. Crabtree, 131 U. S. 287.
Counsel for appellees recognize this to he the rule, but claim that the 'rule is not applicable in the present case because, at the time the agreement for the…
2Cases cited7 opinions
- William W. Bierce, Ltd. v. HutchinsSupreme Court of the United States · 1907
- Segrist v. CrabtreeSupreme Court of the United States · 1889
- Triplett v. Mansur & Tebbetts Implement Co.Supreme Court of Arkansas · 1900
- McPherson v. Acme Lumber Co.Mississippi Supreme Court · 1893
- Jones v. Bank of CommerceSupreme Court of Arkansas · 1917
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Loden v. Paris Auto Co.Supreme Court of Arkansas · 1927
- Keith v. McGregorSupreme Court of Arkansas · 1924
- Hume v. Indiana National Life InsuranceSupreme Court of Arkansas · 1922
- Fairbanks, Morse Company v. ParkerSupreme Court of Arkansas · 1925
- Home Fire Insurance v. WraySupreme Court of Arkansas · 1928
2 more not listed; retrieve them via the Exa API.