Chicago, R. I. & P. Ry. Co. v. Earl
Supreme Court of Arkansas
Appeal from Perry Circuit Court; Guy FulJc, Judge; STATEMENT BY THE COURT. This suit w.as instituted by the appellee to reoover damages from appellant for killing appellee’s horse.
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Appeal from Perry Circuit Court; Guy FulJc, Judge; STATEMENT BY THE COURT. This suit w.as instituted by the appellee to reoover damages from appellant for killing appellee’s horse. Appellee alleged that he was the owner of the horse by virtue of a mortgage executed to him ¡by Edmond Person; that his mortgage had been duly recorded before the horse was killed; that the debt of $150.00 which the mortgage was given to secure was past due and unpaid; that the horse was of the value of $150.00; that appellant’s agents negligently caused a train to strike and kill the horse, to appellee’s damage…
1Opinion of the Court
■ Wood, J.,
(after stating the facts). (1-2) Under section 5396 of Kirby’s Digest, which makes the filing of a mortgage for record notice to all persons of its existence, appellant had notice of appellee’s rights under his mortgage. “In the absence of ■stipulations to the contrary the mortgagee of personal property shall have the legal title thereto and the right of possession.” .Section 5410, Kirby’s Digest. But until the mortgagee has actually taken possession, .and :so long as lie permits the mortgagor to retain possession the latter occupies the position of a ■bailee and he has such a…
2Cases cited4 opinions
- St. L., I. M. & S. Ry. v. BiggsSupreme Court of Arkansas · 1887
- Wilkes v. Southern Ry.Supreme Court of South Carolina · 1910
- Railway Co. v. TaylorSupreme Court of Arkansas · 1893
- Logan v. Wabash Western Railway Co.Missouri Court of Appeals · 1890
3Cited by9 opinions
- Associates Discount Corp. v. GillineauMassachusetts Supreme Judicial Court · 1948
- Gover v. Central Vermont Railway Co.Supreme Court of Vermont · 1922
- Harris v. . R. R.Supreme Court of North Carolina · 1925
- Harris v. Seaboard Air Line Railway Co.Supreme Court of North Carolina · 1925
- First National Bank v. Union Ry. Co.Tennessee Supreme Court · 1926
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