Maxey v. Cooper
Supreme Court of Arkansas
Appeal from Garland Circuit Court; W. H. Evans, Judge; statement by the court. This was a suit in replevin for a buggy. The facts are substantially as follows: One Barnes owned the buggy, and sold it to one Mitchell, taking a mortgage back to secure the purchase money, which was duly filed with the clerk of the circuit court of Garland County,............. 1907. Cooper Brothers obtained a judgment against Mitchell ............, 1907. On the 13th day of December, 1907,…
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Appeal from Garland Circuit Court; W. H. Evans, Judge; statement by the court. This was a suit in replevin for a buggy. The facts are substantially as follows: One Barnes owned the buggy, and sold it to one Mitchell, taking a mortgage back to secure the purchase money, which was duly filed with the clerk of the circuit court of Garland County,............. 1907. Cooper Brothers obtained a judgment against Mitchell ............, 1907. On the 13th day of December, 1907, Mitchell sold the buggy to Barnes, or rather permitted Barnes to take it -under his mortgage. On the same day (December 13,…
1Opinion of the Court
Wood, J.,
(after stating the facts). The judgment and execution of Cooper Brothers against Mitchell gave them no lien on the buggy. Mortgaged property, where the mortgage has been duly filed, is not subject to execution. Jennings. v. McIlroy, 42 Ark. 236; Buck v. Bransford, 58 Ark. 289, 291. At the time the execution was levied, December 14, 1907, the appellant was the owner of the buggy, having purchased same from Barnes, who purchased of Mitchell December 13, 1907.
Appellant was entitled to a judgment upon the undisputed evidence. The judgment is therefore reversed, and the cause is remanded…
2Cases cited2 opinions
- Jennings v. McIlroySupreme Court of Arkansas · 1883
- Buck v. BransfordSupreme Court of Arkansas · 1893
3Cited by2 opinions
- Erdman v. ErdmanSupreme Court of Arkansas · 1913
- Citizens Bank of Lavaca v. Perrin & Sons, Inc.Supreme Court of Arkansas · 1972