Lynch v. Daggett
Supreme Court of Arkansas
Appeal from Craig-head Circuit Court, Jonesboro District. William H. Cate, Judg-e. 1. The evidence does not show title in appellees. 47 Ark. 210; 18 So. 655. 2. A sale is not completed when the quantity of the property sold is to be ascertained. 39 Am.
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Appeal from Craig-head Circuit Court, Jonesboro District. William H. Cate, Judg-e. 1. The evidence does not show title in appellees. 47 Ark. 210; 18 So. 655. 2. A sale is not completed when the quantity of the property sold is to be ascertained. 39 Am. St. 39; 29 Tex. 204; 22 Wall. 180; Benj. on Sales, B. 2, C. 3. Appellants had no notice of the sale, and they were innocent purchasers. 127 Mass. 381; Benj. on Sales, sec. 675, and note; 57 N. H. 102; 44 Yt. 389; 49. N. Y. 35; 68 N. Y. 598.
1Opinion of the CourtBunn, C. J.
This is an action of replevin, broug-ht by appellees ag-ainst appellants for the recovery of one thousand sawed red-oak wagon tongues, and other lumber. Judgment for plaintiffs as to the wagon tongues, and for defendants as for the other lumber, and defendants appealed. The plaintiffs failing to take a cross-appeal, the other lumber is no longer in the controversy.
On' the 30th of January, 1893, appellees, creditors of one Charles Lynn, the owner and operator of a steam saw-mill located six miles from Weiner, a station on the Cotton Belt railroad in Poinsett county, purchased of him in…
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