Dodds v. Neel
Supreme Court of Arkansas
APPEAL from Jefferson Circuit Court. Hon. X. J. Pindall, Circuit Judge. 1. The reservation of alien on 10 bales of cotton out of a crop is indefinite and void for uncertainty. Jones on Chat. Mortg. Sec. 46 et seq; 40 Mich. 203; 67 2L. C. 49; Williamson v. Steele, 3 Lea.
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APPEAL from Jefferson Circuit Court. Hon. X. J. Pindall, Circuit Judge. 1. The reservation of alien on 10 bales of cotton out of a crop is indefinite and void for uncertainty. Jones on Chat. Mortg. Sec. 46 et seq; 40 Mich. 203; 67 2L. C. 49; Williamson v. Steele, 3 Lea. Tenn., 527. If it had said “the first ten bales gathered,” or had otherwise identified the cotton it would have been good ; 56 Ala., 544; 11 Ala., 979; 57 Miss., 277. 2. Conceding Neel’s equitable lien, he has no such lien as can be asserted against Dodds and as a defense to this suit. 35 Ark., 174, 323; 27 Lb. 231,- 30 Ark.,…
1Opinion of the CourtSmith, J.
1. Mokt gage: Desci-iption o: property. By indenture duly executed and acknowledged by both parties and recorded, Neel in the year 1879, conveyed to one Bertrand a plantation in Jefferson county. The consideration was $5,610, divided into six equal annual installments. The deed reserved a lien on the land and on ten bales of merchantable cotton, to weigh five huudred pounds each, out of the crop to be raised each year on the-place. Bertrand covenants to deliver this quantity to a designated trustee, to be sold in market and the proceeds to be-applied upon his debt. If he fails to meet the…
2Cases cited2 opinions
- Richardson v. Alpena Lumber Co.Michigan Supreme Court · 1879
- Robinson & Caldwell v. MauldinSupreme Court of Alabama · 1847
3Cited by6 opinions
- Piggott State Bank v. Pollard Gin Co.Supreme Court of Arkansas · 1967
- Matter of YounceUnited States Bankruptcy Court, E.D. Wisconsin · 1984
- Norman v. S. L. Joseph Mercantile Co.Supreme Court of Arkansas · 1922
- Beckler v. SnerlySupreme Court of Arkansas · 1925
- J. A. Lindsey & Co. v. SteensonSupreme Court of Alabama · 1918
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