Legal Opinion

Harriman v. Meyer

Supreme Court of Arkansas

Decided May 15, 1885PublishedCited by 5 opinions

APPEAL from Chicot Circuit Court. Hon. J. M. Bradley, Circuit Judge. This was replevin by Meyer against Harriman for two mules. The opinion states the case. Meyer failed to prove title to the mules or right to possession; but proved by award of arbitrators an order or award that the mules should be sold to pay a debt due him, the sale to be made by a commissioner; and then proved a sale and purchase by Appellant, and his own refusal to accept proceeds of the sale.

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APPEAL from Chicot Circuit Court. Hon. J. M. Bradley, Circuit Judge. This was replevin by Meyer against Harriman for two mules. The opinion states the case. Meyer failed to prove title to the mules or right to possession; but proved by award of arbitrators an order or award that the mules should be sold to pay a debt due him, the sale to be made by a commissioner; and then proved a sale and purchase by Appellant, and his own refusal to accept proceeds of the sale. That the sale was regular and completed and the property delivered, is clear, taking all the testimony. If the sale were good…

1Opinion of the CourtCockrill, C. J.

1. Tender. Ground ot refusal: Estoppel.

It seems to have been conceded throughout that Meyer, the Appellee, had a mortgage upon a pair of mules, and he got judgment for them in replevin against the Appellant. It was proved that the mules were offered at public sale to satisfy the mortgage debt by virtue of the award of arbitrators selected to settle a controversy between the mortgagor and mortgagee. The Appellant was the highest bidder at the sale, and the mules were separately struck off to him. The sale was for cash. The Appellant offered the person who had been appointed by consent'of the…

2Cases cited5 opinions

  1. Railway Co. v. McCarthySupreme Court of the United States · 1878
  2. Duffy v. . O'DonovanNew York Court of Appeals · 1871
  3. Carman v. . PultzNew York Court of Appeals · 1860
  4. Gould v. Banks & GouldNew York Supreme Court · 1832
  5. Leggett v. Mutual Life InsuranceNew York Supreme Court · 1872

3Cited by5 opinions

  1. Thompson v. St. Charles CountySupreme Court of Missouri · 1910
  2. Sandefur v. HinesSupreme Court of Kansas · 1904
  3. Redinger v. JonesSupreme Court of Kansas · 1904
  4. Little Rock Cooperage Co. v. LanierSupreme Court of Arkansas · 1907
  5. Lee v. PetersMissouri Court of Appeals · 2008

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