Legal Opinion

Pierce v. Whipple

Supreme Court of Arkansas

Decided March 27, 1916PublishedCited by 1 opinion

Appeal from Craighead Circuit Court; W. J. Driver, Judge; 1. Administrators are not allowed to sell personal property and take as surety the mere retention of the title to the property. Kirby’s Digest, § 85; 12 Ark. 378. 2. John Keith should have been made a party. He was the original purchaser. 1. The retention of title by the adminsitrator was not wholly void. Credit sales are allow'ed.

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Appeal from Craighead Circuit Court; W. J. Driver, Judge; 1. Administrators are not allowed to sell personal property and take as surety the mere retention of the title to the property. Kirby’s Digest, § 85; 12 Ark. 378. 2. John Keith should have been made a party. He was the original purchaser. 1. The retention of title by the adminsitrator was not wholly void. Credit sales are allow'ed. Kirby’s •Digest, § 85. The retention of title was good and sufficient security. 23 Ala. 377, 389. 2. John Keith was not a proper, nor necessary party. 31 Ark. 345,- 361-4.

1Opinion of the CourtMcCulloch, C. J.

The plaintiff sold the personal property of the estate of his intestate, pursuant to an order of tlie probate court which directed that he take notes with good security for the purchase price, as provided by statute.- Kirby’s Digest, § 85. Among the property thus sold was two mules, which were purchased by John Keith, a son -of the decedent, whci executed to plaintiff, as such administrator, his note for the purchase price of the mules, said note containing a stipulation that the title and ownership of said property should remain in the plaintiff until the note should be paid in full. Keith…

2Cases cited4 opinions

  1. McIntosh v. HillSupreme Court of Arkansas · 1886
  2. McRea v. MerrifieldSupreme Court of Arkansas · 1886
  3. Simpson v. ShackelfordSupreme Court of Arkansas · 1886
  4. Andrews v. CoxSupreme Court of Arkansas · 1883

3Cited by1 opinion

  1. Overland Texarkana Co. v. BickleySupreme Court of Louisiana · 1922

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