Lawhon v. Crow
Supreme Court of Arkansas
Appeal from. Saline Circuit Court; W. H. Evans, Judge; STATEMENT BY THE COURT. The suit at bar was first instituted by the appellant before a justice of the peace of Saline County, to recover from' the appellee a mule and two bales of cotton, which he had mortgaged to appellant to secure an open account for supplies advanced to him with which to make his crop.
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Appeal from. Saline Circuit Court; W. H. Evans, Judge; STATEMENT BY THE COURT. The suit at bar was first instituted by the appellant before a justice of the peace of Saline County, to recover from' the appellee a mule and two bales of cotton, which he had mortgaged to appellant to secure an open account for supplies advanced to him with which to make his crop. At each time appellee bought supplies of appellant he was furnished with an itemized list of each' purchase and its price. Before suit was instituted under the mortgage given by appellee to appellant the appellee was served at three…
1Opinion of the CourtWood, J.
(after stating the facts). Section 5415 of Kirby’s Digest is as follows: “Before any mortgagee, trustee or other person shall proceed to foreclose any mortgage, deed of trust, or to replevy, under such mortgage, deed of trust, or other instrument, any personal property, such mortgagee, trustee or other person shall make and deliver to the mortgagor a verified statement of his account, showing each item, debit and credit, and the balance due.
The statute is mandatory. Compliance with its terms is a prerequisite to the maintenance of a suit to replevin mortgaged property. This has already been…
2Cases cited2 opinions
- Perry County Bank v. RankinSupreme Court of Arkansas · 1905
- Atkinson v. BurtSupreme Court of Arkansas · 1898
3Cited by6 opinions
- Haffke v. Hempstead County Bank & Trust Co.Supreme Court of Arkansas · 1924
- Ford Hardwood Lumber Co. v. BryantSupreme Court of Arkansas · 1929
- Firemen's Relief & Pension Fund v. HughesSupreme Court of Arkansas · 1958
- Morton v. LintonSupreme Court of Arkansas · 1917
- McCoy & Son v. AtkinsSupreme Court of Arkansas · 1925
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