Excelsior Manufacturing Co. v. Owens
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court, Greenwood District. Edgar E. Bryant, Judge. STATEMENT BY THE COURT. Appellant sued W. H. Owens on notes due and not due, aggregating $1,385.96, and attached a stock of hardware as his property. Appellee Kendall filed an interplea, claiming this property under an assignment from Owens. Upon this issue was joined.
Read the full summary
Appeal from Sebastian Circuit Court, Greenwood District. Edgar E. Bryant, Judge. STATEMENT BY THE COURT. Appellant sued W. H. Owens on notes due and not due, aggregating $1,385.96, and attached a stock of hardware as his property. Appellee Kendall filed an interplea, claiming this property under an assignment from Owens. Upon this issue was joined. The cause was submitted to a jury upon evidence substantially as follows : Appellee introduced the assignment; proved its execution, the taking inventory, making bond, possession ; and rested. Appellants proved the insolvency of appellee ; that,…
1Opinion of the Court
Wood, J.,
(after stating the facts.)
i. unrecorded deed admissible in evidence, wlle“' 1. The deed of assignment was properly admitted . . . . r in evidence. Appellant is not claiming by priority ot x x 0 J x J attachment over the assignment, and the question of notice has no place in the case. Assignments are not required to be recorded as a prerequisite to their admissibility in evidence. The only purpose to be effected by their registration in any case would be to give notice. Besides, the property involved in this controversy is a stock of hardvjare as appears from the judgment.
2. The court…
2Cases cited3 opinions
- Lincoln v. FieldSupreme Court of Arkansas · 1891
- Norton v. McNuttSupreme Court of Arkansas · 1891
- Hollenberg v. LaneSupreme Court of Arkansas · 1886
3Cited by12 opinions
- Webber v. RodgersSupreme Court of Arkansas · 1917
- Jones v. SeymourSupreme Court of Arkansas · 1910
- Beal & Doyle Dry Goods Co. v. BartonSupreme Court of Arkansas · 1906
- Eminent Household of Columbian Woodmen v. HowleSupreme Court of Arkansas · 1917
- Baker v. BaerSupreme Court of Arkansas · 1894
7 more not listed; retrieve them via the Exa API.