Columbia County Bank v. Emerson
Supreme Court of Arkansas
Appeal from Howard Circuit Court; Jefferson T. Cowling, Judge; The vendee of personal property, while he remains in possession and has not been evicted by paramount title, can not defend against an action for the purchase money on the ground that the vendor had no title. 4 Ark. 467; 21 Ark. 71; 25 Ark. 174; 19 Ark. 460; 35 Cyc. 541; 50 Fed. 778. A patent right is personal property, subject, in so far as its incorporeal nature permits, to the general laws relative to such…
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Appeal from Howard Circuit Court; Jefferson T. Cowling, Judge; The vendee of personal property, while he remains in possession and has not been evicted by paramount title, can not defend against an action for the purchase money on the ground that the vendor had no title. 4 Ark. 467; 21 Ark. 71; 25 Ark. 174; 19 Ark. 460; 35 Cyc. 541; 50 Fed. 778. A patent right is personal property, subject, in so far as its incorporeal nature permits, to the general laws relative to such property, and is surrounded by the same rights and sanctions which attend all other property. 30 Cyc. 819. 1. There is only…
1Opinion of the CourtHart, J.
The Columbia County Bank brought suit against J. W. & S. M. Emerson to recover on two promissory notes. The defense was made that the notes were given for patent rights or patent right territory, and were not executed in conformity with the statutes, and were therefore void. The decision of the lower court was in favor of the defendants, and its judgment was affirmed on appeal. The case is reported in 86 Ark. 155.
' The Columbia County Bank and J. C. Earner then instituted this suit against J. W. & S. M. Emerson to recover the amount alleged to be due on the contract of sale. The defendant…
2Cases cited1 opinion
- Columbia County Bank v. EmersonSupreme Court of Arkansas · 1908