Simpson v. Shackelford
Supreme Court of Arkansas
APPEAL from Clark Circuit Court. H. B. Stuart, Judge. The vendee of property where the title is reserved in the vendor until payment is made, can confer no title even on an innocent purchaser. McIntosh v. Hill, 43 Ark., 363 ; Andrews v. Cox, 42 Ark., 433, 480-1; McRae v. Merrifield, 48 Ark., 160, 23 Am. Dec., 604, and note; 23 Am.
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APPEAL from Clark Circuit Court. H. B. Stuart, Judge. The vendee of property where the title is reserved in the vendor until payment is made, can confer no title even on an innocent purchaser. McIntosh v. Hill, 43 Ark., 363 ; Andrews v. Cox, 42 Ark., 433, 480-1; McRae v. Merrifield, 48 Ark., 160, 23 Am. Dec., 604, and note; 23 Am. Rep., 438; 42 id., 104, and note ; 44 id., 213. 1. The reservation of title was a mere security for the payment of the purchase money — a mortgage — and not being of record is void as to purchasers without notice. 102 U. S., 235 ; 3 Ark., 321; 1 Sumner, 330 ; 3…
1Opinion of the CourtBattle, J.
On the 15th of January, 1881, Simpson & Gault conditionally sold and delivered to B. F. Butcher a certain twenty-six-inch pulley corn mill for the sum of $l87 on a credit until the 15th of April following, and took from him an obligation in writing in the words and figures following, to-wit:
“Prescott, Ark., Jan. 15, 1881.
“ On or before the 15th day of April, 1881, for value received, the undersigned promises to pay to Simpson & Gault, or order, one hundred, and eighty-seven dollars, with interest at 10 per cent per annum from date until paid, negotiable and payable at the Merchants National…
2Cases cited3 opinions
- Ballard v. . BurgettNew York Court of Appeals · 1869
- Hutchings v. . MungerNew York Court of Appeals · 1869
- Hegler v. EddyCalifornia Supreme Court · 1879
3Cited by12 opinions
- Triplett v. Mansur & Tebbetts Implement Co.Supreme Court of Arkansas · 1900
- James Talcott, Inc. v. Associates Discount Corporation and Mr. And Mrs. F. O. McConnell D/B/A McConnell Heavy HaulingCourt of Appeals for the Eighth Circuit · 1962
- Lockwood Bros. v. Frisco Lumber Co.Supreme Court of Oklahoma · 1908
- Jetton v. TobeySupreme Court of Arkansas · 1896
- Triumph Electric Co. v. PattersonCourt of Appeals for the Eighth Circuit · 1914
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