Barnett Bros. Mercantile Co. v. Jarrett
Supreme Court of Arkansas
Appeal from Independence Circuit Court; Dene H. Colemcm, Judge; The court erred in sustaining' the demurrer. The mortgagee can sue at law in replevin, foreclose in chancery or bring action for conversion. 97 Ark. 434; 11 C. J. 592; 5 R. C. L., § 108, p. 473. Appellant elected to sue for conversion. The complaint stated a good cause of action. Actual and wrongful conversion was proven as alleged and damages alleged. 38 Cyc. 2071. The complaint is defective.
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Appeal from Independence Circuit Court; Dene H. Colemcm, Judge; The court erred in sustaining' the demurrer. The mortgagee can sue at law in replevin, foreclose in chancery or bring action for conversion. 97 Ark. 434; 11 C. J. 592; 5 R. C. L., § 108, p. 473. Appellant elected to sue for conversion. The complaint stated a good cause of action. Actual and wrongful conversion was proven as alleged and damages alleged. 38 Cyc. 2071. The complaint is defective. No wrongful conversion or demand was alleged, nor that the lien was destroyed or damages had arisen by acts of appellee. 2 Ark. 414, 512;…
1Opinion of the CourtMcCULLOCH, C. J.
This is an action instituted by appellant against appellee to recover damages for alleged conversion of certain personal property. It is alleged in the complaint that one' S. M. Bishop, the original owner of the property in controversy (two mares) mortgaged the same to appellant to secure a debt alleged to be due and still unpaid at the commencement of the action, and that Bishop had left the county and State, and that appellee had taken possession of the property and converted same to his own use. The value of the property in controversy is alleged to be $350.00 and the debt secured by the…
2Cases cited2 opinions
- Thornton v. FindleySupreme Court of Arkansas · 1911
- Woods v. RoseSupreme Court of Alabama · 1902
3Cited by10 opinions
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- Plunkett-Jarrell Grocery Co. v. TerrySupreme Court of Arkansas · 1953
- Baird v. OlsheskiCalifornia Court of Appeal · 1929
- Whiteley v. Foremost Dairies Inc.District Court, W.D. Arkansas · 1957
- National Hydro-Vac Industrial Services, L.L.C. v. Federal Signal Corp. (In Re National Hydro-Vac Industrial Services, L.L.C.)United States Bankruptcy Court, E.D. Arkansas · 2004
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