Howell v. Walker
Supreme Court of Arkansas
Appeal from St. Francis Chancery Court; Edward D. Robertson, Chancellor; 1. In a foreclosure proceeding against personal property to enforce the collection of an account, the circuit court has no jurisdiction unless the mortgagee has complied with the statute requiring the delivery to the mortgagor of a verified statement of his account, etc.
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Appeal from St. Francis Chancery Court; Edward D. Robertson, Chancellor; 1. In a foreclosure proceeding against personal property to enforce the collection of an account, the circuit court has no jurisdiction unless the mortgagee has complied with the statute requiring the delivery to the mortgagor of a verified statement of his account, etc. Kirby’s Dig., § 5415; 92 Ark. 313; 65 Ark. 316. The cause should, therefore, have been dismissed as to the proceeding to foreclose the mortgage executed to secure the Beck company account, for want of jurisdiction. 2. The J. W. Beck Company and Walker,…
1Opinion of the CourtMcCulloch, C. J.
Appellants J. O. Howell and W. H. Howell executed a chattel mortgage to the J. W. Beck Company on March 27, 1909, to secure a debt of $375, evidenced by a note, and future advances, to be evidenced by book account, and on February 3, 1911, they executed a mortgage, on the same property, to the Fussell-Graham-Alderson Company, to secure an existing debt and future advances.
Appellee George P. Walker became the owner of the claim of the J. W. Beck Company under the mortgage through purchase from the trustees in bankruptcy, the J. W. Beck Company having been declared a bankrupt and the estate…
2Cases cited9 opinions
- Robinson v. . WilliamsNew York Court of Appeals · 1860
- Hyland v. HabichMassachusetts Supreme Judicial Court · 1889
- Apperson & Co. v. W. E. & C. L. MooreSupreme Court of Arkansas · 1875
- Jarratt v. McDanielSupreme Court of Arkansas · 1877
- Curtis & Lane v. FlinnSupreme Court of Arkansas · 1885
4 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Hollan v. American Bank of Commerce & Trust Co.Supreme Court of Arkansas · 1925
- Word v. ColeSupreme Court of Arkansas · 1916
- United States v. BartholomewDistrict Court, W.D. Arkansas · 1956
- In Re Dorsey Electric Supply Co.District Court, E.D. Arkansas · 1972
- State National Bank v. Temple Cotton Oil Co.Supreme Court of Arkansas · 1932
10 more not listed; retrieve them via the Exa API.