Lightle v. Castleman
Supreme Court of Arkansas
APPEAL from Hempstead Circuit Court. C. E. Mitchel, Judge. This is an action of replevin brought in a justice’s court to recover a mule. On appeal to the Circuit Court, the plaintiff offered in evidence a deed of trust executed by one Hill and conveying to the plaintiff an animal which it described as “one black mare mule, six years old.” After describing other property the deed concludes as follows : “ All of said property is now in my possession in White County, Arkansas.”
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APPEAL from Hempstead Circuit Court. C. E. Mitchel, Judge. This is an action of replevin brought in a justice’s court to recover a mule. On appeal to the Circuit Court, the plaintiff offered in evidence a deed of trust executed by one Hill and conveying to the plaintiff an animal which it described as “one black mare mule, six years old.” After describing other property the deed concludes as follows : “ All of said property is now in my possession in White County, Arkansas.” The court excluded the deed on the ground that its description of the mule was insufficient. The court also excluded…
1Opinion of the Court
Per Curiam :
Chattel. Mortage. A mortgage which describes the property as “one black mare mule six years old in the mortgagor’s possession in White County, Arkansas,” states facts by the aid of which third persons could identify the mortgaged property and is a good description. Johnson v. Grisard, 51 Ark., 410; Jones Chat. Mort., secs. 54 and 54a.
Reverse the judgment and reman j the cause.
2Cited by3 opinions
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- Pitluk & Meyer v. ButlerCourt of Appeals of Texas · 1913
- Overstreet Grain Co. v. FordSupreme Court of Arkansas · 1914