Jennings v. McIlroy
Supreme Court of Arkansas
APPEAL from 'Washington Circuit Court. Hon. J. H. BeRRY, Circuit Judge. An equity of redemption in personal property is subject to levy and sale under execution. Herman Chattel Mortgages, pp. 389, 448, 445, 456, 452, 464-, 456, 458, 459, 460; Herman on Executions, p. 150, sec. 118, note 41 Ereeman on Executions„ sec. 117 and note.
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APPEAL from 'Washington Circuit Court. Hon. J. H. BeRRY, Circuit Judge. An equity of redemption in personal property is subject to levy and sale under execution. Herman Chattel Mortgages, pp. 389, 448, 445, 456, 452, 464-, 456, 458, 459, 460; Herman on Executions, p. 150, sec. 118, note 41 Ereeman on Executions„ sec. 117 and note. By the act of the Legislature (Acts of 1877, p. 88), in the absence of stipulations to the contrary, the mortgagee took the legal title and possession. In the mortgage in question it was stipulated to the contrary, and Eisher held possession. There are authorities…
1Opinion of the CourtEakiN, J.
This is an action in replevin, brought by appellant to recover a certain hearse from the appellee. The plaintiff relied upon a purchase at a sale under an attachment from a justice of the peace, at his suit against one Eisher, the former owner. The defendant claimed to hold it as the assignee of a mortgage upon it, which had been given by Eisher to the original vendors of the hearse to secure certain notes for the purchase money. At the time the attachment was levied Eisher was in possession, and the last of the purchase notes was not due. It became due, however, before the day of sale, and…
2Cited by9 opinions
- Cox v. HarrisSupreme Court of Arkansas · 1897
- Lightle v. RotenberrySupreme Court of Arkansas · 1924
- Roachell v. GatesSupreme Court of Arkansas · 1932
- Buck v. BransfordSupreme Court of Arkansas · 1893
- H. B. Claflin Co. v. BretzfelderSupreme Court of Arkansas · 1901
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