Monticello Bank v. Sweet
Supreme Court of Arkansas
Appeal from Desha Circuit Court. John M. Elliott, Judge. The lien of a mortgage is superior to that of a material man (claiming under the act of April 20, 1895.) whose lien attached after that of the mortgage. Sand. & H. Dig., § 4737; 56 Ark. 640. Even if this were not true, this act does not operate on existing rights. Sec. 17, art. 2, Const, of Ark.; 3 Am. & Eng. Enc.
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Appeal from Desha Circuit Court. John M. Elliott, Judge. The lien of a mortgage is superior to that of a material man (claiming under the act of April 20, 1895.) whose lien attached after that of the mortgage. Sand. & H. Dig., § 4737; 56 Ark. 640. Even if this were not true, this act does not operate on existing rights. Sec. 17, art. 2, Const, of Ark.; 3 Am. & Eng. Enc. Law, p. 760; 40 N. W. 513; 9 S. E. 359; 30 N. W. 458; 5 Ark. 217; 17 Ark. 489; 57 Ark. 481. In any event, the costs of enforcing appellees' lien should have been adjudged against the building, rather than the appellant, 4 Am.…
1Opinion of the CourtWood, J.
On- the 19th day of October, 1894, appellees furnished lumber to one S. M. Courtney for the building of a barn on lands which S. M. Courtney and wife-had, priorato that time, mortgaged to appellant. The mortgage was filed ~foF record March 17, 1894. Appellees, to fix their lien, filed a verified account with the clerk of the Desha circuit, court January 4, 1895. The lands were sold, under power of sale contained in the mortgage, March 19, 1895, and appellant purchased same, paying therefor more than two-thirds of the appraised value. Appellees brought this suit June 15, 1895, against Courtney…
2Cases cited10 opinions
- Short & Co. v. Trabue & Co.Court of Appeals of Kentucky · 1863
- Potter v. . CromwellNew York Court of Appeals · 1869
- Meyer v. BerlandiSupreme Court of Minnesota · 1888
- McFadden v. . AllenNew York Court of Appeals · 1892
- Choate v. KimballSupreme Court of Arkansas · 1892
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3Cited by4 opinions
- Triumph Electric Co. v. PattersonCourt of Appeals for the Eighth Circuit · 1914
- Morrilton Lumber Co. v. GroomSupreme Court of Arkansas · 1928
- Markle v. StackhouseSupreme Court of Arkansas · 1898
- Cooper Manufacturing Co. v. DelahuntOregon Supreme Court · 1900