Moore v. McCloy
Supreme Court of Arkansas
Appeal from Cleveland Chancery Court. John M. Elliott, Chancellor. STATEMENT BY THE COURT. The appellant rented land to one Craig, with the privilege to Craig to purchase at a price named. Craig in 1894 executed to MeCloy & Trotter a mortgage on his crops for that year. That rent was due for said year to Moore, the appellant.
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Appeal from Cleveland Chancery Court. John M. Elliott, Chancellor. STATEMENT BY THE COURT. The appellant rented land to one Craig, with the privilege to Craig to purchase at a price named. Craig in 1894 executed to MeCloy & Trotter a mortgage on his crops for that year. That rent was due for said year to Moore, the appellant. Craig turned over to Moore, the appellant, five bales of cotton on the rent of 1894, of the value of $115, and to MeCloy & Trotter, eight bales of cotton of the crop of 1894. Plaintiff sold the five bales of cotton delivered to him for $115, which was all ever paid on…
1Opinion of the Court
Hughes, J.,
(after stating the facts.) The appellant did not set up his defense in the replevin suit, and there was nothing shown that would have prevented him from doing it. It was a legal defense, and there is no reason for suing in equity. He became the owner of the five bales of cotton by delivery to him by Craig, and nothing could have prevented him from pleading this in defense to the replevin suit. Under Sand. &. IP. Dig., § 5722, a party to an action at law must interpose all of his defenses, legal as well as equitable, and cannot let judgment go against him, and then go into equity…
2Cases cited1 opinion
- Ward v. DerrickSupreme Court of Arkansas · 1893
3Cited by4 opinions
- Arkansas Power Light Company v. Liebe, Admx.Supreme Court of Arkansas · 1940
- Gorman v. BonnerSupreme Court of Arkansas · 1906
- Langless v. McCarthySupreme Court of Arkansas · 1925
- Southern Telephone Co. v. BanksSupreme Court of Arkansas · 1913