Cox v. Harris
Supreme Court of Arkansas
Appeal from Boone Circuit Court. Brice B. Hudgins, Judge. STATEMENT BY THE COURT. The appellee, Harris, was the owner of two mules, one of which he mortgaged to appellants, Cox & 'Denton, to secure payment of a promissory note he had executed to them. Cox & Denton, being indebted to Hill, Fontaine & Go., .transferred the note and mortgage to them as collateral security. Afterward, J. P. Clendenin was employed by Hill, Fontaine & Co. to collect the note.
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Appeal from Boone Circuit Court. Brice B. Hudgins, Judge. STATEMENT BY THE COURT. The appellee, Harris, was the owner of two mules, one of which he mortgaged to appellants, Cox & 'Denton, to secure payment of a promissory note he had executed to them. Cox & Denton, being indebted to Hill, Fontaine & Go., .transferred the note and mortgage to them as collateral security. Afterward, J. P. Clendenin was employed by Hill, Fontaine & Co. to collect the note. He brought suit on the note against Harris in the name of Cox & Denton for the use of Hill, Fontaine & Co., and had an attachment issued and…
1Opinion of the Court
Riddick, J.,
(after stating the facts.) The question to be determined in this ease is whether the appellants waived their mortgage lien by suing out an attachment against the mortgagor, and causing it to be levied upon the mortgaged property? It is a familiar principle of law that one is not, as a rule, allowed to avail himself of the advantages of inconsistent positions in a litigation concerning the same subject-matter. Dyckman v Sevatson, 39 Minn. 132, 39 N. W. Rep. 73.
The appellants in this case held the note of Harris, which was secured by a mortgage upon the mule in controversy. The note…
2Cases cited7 opinions
- Whitmore v. TatumSupreme Court of Arkansas · 1891
- Evans v. WarrenMassachusetts Supreme Judicial Court · 1877
- Dyckman v. SevatsonSupreme Court of Minnesota · 1888
- Whitney v. FarrarSupreme Judicial Court of Maine · 1864
- State v. SnureSupreme Court of Minnesota · 1882
2 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Dupwe v. WallaceSupreme Court of Arkansas · 2004
- First National Bank v. FlynnSupreme Court of Minnesota · 1933
- Stein v. McAuleySupreme Court of Iowa · 1910
- Stephens v. CoxCourt of Appeals of Texas · 1923
- Ferguson v. GuydonSupreme Court of Arkansas · 1921
18 more not listed; retrieve them via the Exa API.