Legal Opinion

F. E. Creelman Lumber Co. v. Lesh

Supreme Court of Arkansas

Decided November 5, 1904PublishedCited by 16 opinions

Appeal from Chicot Chancery Court. Marcus L. Hawkins, Chancellor. Suit by J. A. Lesh and J. A. Summerland, composing the firm of J. A. Lesh & Company v. E. S. Richards and the F. E. Creelman Lumber Company. Judgment for plaintiffs, from which defendants appealed.

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Appeal from Chicot Chancery Court. Marcus L. Hawkins, Chancellor. Suit by J. A. Lesh and J. A. Summerland, composing the firm of J. A. Lesh & Company v. E. S. Richards and the F. E. Creelman Lumber Company. Judgment for plaintiffs, from which defendants appealed. The complaint states that E. S. Richards, being indebted to plaintiffs, as evidenced by two promissory notes of $287.50 each, executed to them a chattel mortgage conveying the property in controversy,. which at the time the mortgage was executed was situated in Fulton County, Indiana, which mortgage was duly executed and recorded in…

1Opinion of the CourtWood, J.

When the decree was rendered, the act of April 11, 1901, which provides that judicial notice shall be taken of the laws of other States, was in force. It was, therefore, unnecessary to prove the laws of Indiana upon the subject of recording chattel mortgages. The court was correct in finding that the mortgage “was duly executed, 'acknowledged and recorded in Fulton ■County, Indiana, where the mortgagor resided and the property was situated when the mortgage was executed.” Sec. 4913, Rev. Stat. of Ind. (1881).

In Hall v. Pillow, this court held that the lien of a mortgage in another State was…

2Cases cited4 opinions

  1. Whittington v. FlintSupreme Court of Arkansas · 1884
  2. Montgomery v. WightMichigan Supreme Court · 1860
  3. Corbett v. LittlefieldMichigan Supreme Court · 1890
  4. Hall v. PillowSupreme Court of Arkansas · 1876

3Cited by16 opinions

  1. Wallis v. Mrs. Smith's Pie Co.Supreme Court of Arkansas · 1977
  2. General Motors Acceptance Corporation v. NussSupreme Court of Louisiana · 1940
  3. Newsum v. HoffmanTennessee Supreme Court · 1911
  4. Metro Plan, Inc. v. Kotcher-Turner, Inc.Michigan Supreme Court · 1941
  5. Ashland Finance Co. v. DudleyWest Virginia Supreme Court · 1925

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