Dedman v. Earle
Supreme Court of Arkansas
APPEAL from Cleveland Circuit Court. C. D. Wood, Judge. The mortgage of Earl was not a lien on the horse until he instructed the Recorder to record it. Mansf.
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APPEAL from Cleveland Circuit Court. C. D. Wood, Judge. The mortgage of Earl was not a lien on the horse until he instructed the Recorder to record it. Mansf. Dig., sec. 4.750; 37 Ark-> 507; 33 3&7• An unrecorded mortgage, or one improperly recorded, is not a lien against a stranger even though he have actual knowledge. 40 Ark., 536. See, also, Jones Ch. Mort., sec. 66. In conditional sale the title remains in the vendor, but if the vendor takes a mortgage to secure his debt, he loses his general ownership and must look to his mortgage. 48 Ark., 164. In replevin plaintiff must prove title…
1Opinion of the CourtBattle, J.
1.Mortages: Filing for record. This was an action instituted by appellant against appellee to recover the possession of a horse. Each party claims under a mortgage executed by Thomas McElroy. Appellee sent his mortgage by an agent, and caused it to be delivered to the Recorder, with instructions to file, but not to record it. The words, “ this instrument is to be filed but not recorded,” or words of like effect or substance, were not indorsed upon it. The Recorder made no indorsement, but laid it away and waited to see appellee. In the meantime appellant filed his mortgage with the words, “…
2Cases cited1 opinion
- Day v. BassettMassachusetts Supreme Judicial Court · 1869
3Cited by11 opinions
- Dean v. Planters National Bank of HughesDistrict Court, E.D. Arkansas · 1959
- Loden v. Paris Auto Co.Supreme Court of Arkansas · 1927
- Simmons National Bank v. DaltonSupreme Court of Arkansas · 1960
- Fritz v. BrownSupreme Court of Oklahoma · 1908
- In re T. H. Bunch Commission Co.District Court, E.D. Arkansas · 1915
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