Leggett v. Grimmett
Supreme Court of Arkansas
APPEAL from Columbia Circuit Court. Hon. James K. Young,. Circuit Judge. Appointment of trustee by parol sufficient. Foster v. Gorce, 4 Ala. (2V. JS.) As to nature of property, see 27 Ark., 5’54. Bill of exceptions does not show that it contains all the evidence.. 25 Ark., 384; 17 ib., 327. Complaint did not show that the occasion had arisen for the appointment of a new trustee, and no amendment was asked.
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APPEAL from Columbia Circuit Court. Hon. James K. Young,. Circuit Judge. Appointment of trustee by parol sufficient. Foster v. Gorce, 4 Ala. (2V. JS.) As to nature of property, see 27 Ark., 5’54. Bill of exceptions does not show that it contains all the evidence.. 25 Ark., 384; 17 ib., 327. Complaint did not show that the occasion had arisen for the appointment of a new trustee, and no amendment was asked. Pomeroy, secs. 548, 550. Not waived by failing to demur, as there was no cause of action shown. Gantt’s Digest, sec. 4567. Verbal appointment invalid. 1 Perry on Trusts, secs. 287 to 296.…
1Opinion of the CourtEnglish, C. J.
On the third of December, 1878, C.C. Leggett, trustee, etc., brought this action of replevin against Thomas Grimmett, constable, etc., in the circuit court of Columbia county, for about 12,000 pounds of seed cotton. On the execution of a bond, the sheriff took the cotton from the possession of the defendant, under the order of delivery issued on the filing of the complaint, and delivered it to the plaintiff.
Defendant answered, denying plaintiff’s title and right to possession of the cotton as trustee, etc., and alleging title and right of possession in himsef as constable by virtue of seizure…
2Cases cited1 opinion
- Foster v. GoreeSupreme Court of Alabama · 1842
3Cited by8 opinions
- Walker v. NollSupreme Court of Arkansas · 1909
- Mitchell v. YoungSupreme Court of Arkansas · 1906
- Roberts Cotton Oil Co. v. GradySupreme Court of Arkansas · 1912
- Kansas City, Fort Scott & Memphis Railroad v. JoslinSupreme Court of Arkansas · 1905
- Vassau v. CampbellSupreme Court of Minnesota · 1900
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