Lee Wilson & Co. v. Crittenden County Bank & Trust Co.
Supreme Court of Arkansas
Appeal from Crittenden Chancery Court; Edward, D. Robertson, Chancellor; 1. This case is ruled by the case of ithe Bank of Black Rock v. Decker, 65 Ark. 33. The transaction was a mortgage, good between the parties, but void as against subsequent innocent purchasers. Interpleaders 'being such purchasers, they hold title to the property free of the bank’s Hen. Kirby’s Dig. § 5396. 2. Whether the transaction be regarded as an unrecorded mortgage or as a pledge is immaterial.
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Appeal from Crittenden Chancery Court; Edward, D. Robertson, Chancellor; 1. This case is ruled by the case of ithe Bank of Black Rock v. Decker, 65 Ark. 33. The transaction was a mortgage, good between the parties, but void as against subsequent innocent purchasers. Interpleaders 'being such purchasers, they hold title to the property free of the bank’s Hen. Kirby’s Dig. § 5396. 2. Whether the transaction be regarded as an unrecorded mortgage or as a pledge is immaterial. Delivery of possession is essential in either case. Here there was no such delivery or change of possession as would…
1Opinion of the CourtFrauenthal, J.
This was an action instituted by the Crittenden County Bank & Trust Company, .plaintiff below, against the Clements-Stevens Lumber Company and N. C. Coverdale, seeking to recover judgment upon a note and acceptance due by them to plaintiff, and to have the .same declared a lien on a lot of lumber, and for the foreclosure of such lien. At the time of filing the suit, plaintiff also sued out a specific attachment for the enforcement of said lien, which was levied upon the same lot of lumber. Lee Wilson & Company and the Kansas City Packing Box Company filed separate interventions in the case,…
2Cases cited9 opinions
- Casey v. CavarocSupreme Court of the United States · 1878
- American Pig Iron Storage Warrant Co. v. GermanSupreme Court of Alabama · 1899
- Garner v. WrightSupreme Court of Arkansas · 1889
- Applewhite v. Harrell Mill Co.Supreme Court of Arkansas · 1887
- Anderson v. BrennemanMichigan Supreme Court · 1880
4 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Harrison v. Merchants Nat. BankCourt of Appeals for the Eighth Circuit · 1942
- Rose City Bottling Works v. Godchaux Sugars, Inc.Supreme Court of Arkansas · 1922
- Starling v. HamnerSupreme Court of Arkansas · 1932
- McDermott v. Kimball Lumber Co.Supreme Court of Arkansas · 1912
- Bank of Wynne & Trust Co. v. StaffordSupreme Court of Arkansas · 1917
6 more not listed; retrieve them via the Exa API.