Watkins v. Curry
Supreme Court of Arkansas
Appeal from Bradley Circuit Court; Henry W. Wells, Judge; STATEMENT BY THE COURT. This was a suit by Curry against Watkins to recover the possession of an automobile. The complaint is the usual one in replevin, described the property, and alleged that appellee was entitled to the possession, that it was wrongfully detained, and the other formal allegations.
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Appeal from Bradley Circuit Court; Henry W. Wells, Judge; STATEMENT BY THE COURT. This was a suit by Curry against Watkins to recover the possession of an automobile. The complaint is the usual one in replevin, described the property, and alleged that appellee was entitled to the possession, that it was wrongfully detained, and the other formal allegations. Watkins answered, disclaiming any interest in the property; alleged that he was holding the same as the agent, of A. L. Greene; asked that Greene be made a party, and that he be allowed to withdraw. Greene was made a party, and answered,…
1Opinion of the Court
Wood, J.,
(after stating the facts). There is no testimony in the record to warrant the conclusion that appellee, Curry, estopped himself from setting up his right to the possession of the automobile under his contract with Hughes after the latter had failed to pay the purchase money. The automobile was sold to Hughes, and the title was to pass on condition that he made the payments as specified in the notes, and on his failure to make such payments the title to the automobile did not pass out of the appellee.
Giving the testimony of the appellants its strongest probative force, it only tends…
2Cases cited3 opinions
- Armstrong v. American Exchange Nat. Bank of ChicagoSupreme Court of the United States · 1890
- Burks v. HarrisSupreme Court of Arkansas · 1909
- Wood v. StewartSupreme Court of Arkansas · 1906
3Cited by5 opinions
- Jones v. BurksSupreme Court of Arkansas · 1913
- Millsaps v. UrbanSupreme Court of Arkansas · 1914
- Rowland v. Devon Manufacturing Co.Court of Appeals of Georgia · 1917
- Shuffield v. RaneySupreme Court of Arkansas · 1956
- Shuffield v. RaneySupreme Court of Arkansas · 1956