Fincher v. Hanegan
Supreme Court of Arkansas
Appeal from Nevada Circuit Court. Rufus D. Hearn, Judge. Action by Hanegan against Fincher. The facts were as follows: In 1891 Henry M. Ward executed a mortgage to Hanegan of his crop of cotton for that year, and signed and acknowledged the same by the name of Henry N. Ward, which mortgage was at once duly recorded. Subsequently, Ward executed a second mortgage of the same crop to Fincher, and signed and acknowledged it correctiy by his name, Henry M. Ward.
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Appeal from Nevada Circuit Court. Rufus D. Hearn, Judge. Action by Hanegan against Fincher. The facts were as follows: In 1891 Henry M. Ward executed a mortgage to Hanegan of his crop of cotton for that year, and signed and acknowledged the same by the name of Henry N. Ward, which mortgage was at once duly recorded. Subsequently, Ward executed a second mortgage of the same crop to Fincher, and signed and acknowledged it correctiy by his name, Henry M. Ward. The second mortgage was also duly recorded. Before taking his mortgage Fincher wrote to the recorder to know if there was any mortgage on…
1Opinion of the CourtBattle, J.
Was the mortgage by Henry M. Ward to W. A. Hanegan, under the name of Henry N. Ward, after it was acknowledged and filed for record, notice of its existence and contents to W. T. Fincher, the second mortgagee? As between Hanegan and Ward, the mortgage was undoubtedly valid, for the reason that Ward was estopped from saying that Henry N. Ward was not his true name. But it could, under no circumstances, be valid against third persons who acquired liens on, or purchased, the property thereby mortgaged, until it was filed for record. Mansfield’s Digest, sec. 4743. If it had been executed and…
2Cases cited7 opinions
- Keene v. MeadeSupreme Court of the United States · 1830
- Games v. Stiles Ex Dem. DunnSupreme Court of the United States · 1840
- Gillespie v. RogersMassachusetts Supreme Judicial Court · 1888
- Mackey v. ColeWisconsin Supreme Court · 1891
- Gifford v. RockettMassachusetts Supreme Judicial Court · 1877
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Purcell v. GannSupreme Court of Arkansas · 1914
- McReynolds v. First National BankSupreme Court of Arkansas · 1922
- Modern Finance Co. v. MontgomeryLouisiana Court of Appeal · 1950
- United States v. R. D. Wilmans & Sons, Inc.District Court, E.D. Arkansas · 1956
- Garner v. CluckSupreme Court of Arkansas · 1946
5 more not listed; retrieve them via the Exa API.