McIntosh v. Hill
Supreme Court of Arkansas
APPEAL from White Circuit Court. Hon. M. T. Sanders, Circuit Judge. The only question in this case is the doctrine of a conditional sale, when applied to an innocent purchaser for value, who buys without notice of the conditions. . This has never been settled by this cóürt.
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APPEAL from White Circuit Court. Hon. M. T. Sanders, Circuit Judge. The only question in this case is the doctrine of a conditional sale, when applied to an innocent purchaser for value, who buys without notice of the conditions. . This has never been settled by this cóürt. In 'Andrews v. Cox, 42 Ark., 480, it was not involved, and in Carroll v. Wiggins, 30 Ark., 402, the ■party bóught'with full notice. • The later and better decisions, sustain, our contention. ’ They discourage secret liens. . 1 Benj. on Sales, 414 to 420, 4 Am. ed.; 93 U. S., 664; 102 U. S., 233; 37 Am. Rep., 661; 40 Id.,…
1Opinion of the CourtCockrill, C. J.
This is replevin for the possession of a mule. The facts, as taken from the abstract, are as follows:
“In March, 1884, S. S. Wann contracted to sell to one Overton, the mule in controversy, for $90, due in the fall. Until the purchase money was paid the mule was to be and remain the property of Wann, and upon failure to pay in the fall Over-ton was to deliver the mule to Wann, and pay for its use. Soon after the purchase Overton mortgaged the mule, with the crop to be raised by him, to the appellants for supplies for the year 1884, and at the time told the appellants that he had bought the…
2Cases cited2 opinions
- Fairbanks, Morse & Co. v. Eureka Co.Supreme Court of Alabama · 1880
- Ketchum v. BrennanMississippi Supreme Court · 1876
3Cited by18 opinions
- Dobbins v. Martin Buick Co.Supreme Court of Arkansas · 1950
- Triplett v. Mansur & Tebbetts Implement Co.Supreme Court of Arkansas · 1900
- James Talcott, Inc. v. Associates Discount Corporation and Mr. And Mrs. F. O. McConnell D/B/A McConnell Heavy HaulingCourt of Appeals for the Eighth Circuit · 1962
- Lockwood Bros. v. Frisco Lumber Co.Supreme Court of Oklahoma · 1908
- McRea v. MerrifieldSupreme Court of Arkansas · 1886
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