Kannady v. McCarron
Supreme Court of Arkansas
Appeal from the Circuit Court of Sebastian county. The legal effect of a mortgage of personal property, independent of any stipulation contained in it as to the possession, is to transfer the possession to the mortgagee, or to give him an immediate right of possession.
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Appeal from the Circuit Court of Sebastian county. The legal effect of a mortgage of personal property, independent of any stipulation contained in it as to the possession, is to transfer the possession to the mortgagee, or to give him an immediate right of possession. Watson et al. vs. Williams et al., 4 Blaclcf. 26; Hawkins vs. Ingals, id. 35, 4 Blaclcf. 425. And so, although the mortgage in this case provided that the mortgagor should retain the property until it might become necessary for the mortgagee to take possession, more fully to secure him in the purpose for which it was executed,…
1Opinion of the CourtChief Justice English
Jeremiah R. Kannady brought an action of replevin, in the detinet, against Thomas McCarron, in the Sebastian Circuit Court, for two sofas, one dozen chairs, a ward-robe, rocking chair, and two center-tables. The defendant pleaded non detinet, and property in himself, to -which the plaintiff took issues, and, by consent, the cause was submitted to the Court sitting as a jury.
The plaintiff claimed title to the property under a mortgage executed to him by Wm. H. Norton, on the 19th December, 1853, which he read in evidence. The mortgage recites that, on the 9th of January, 1851, Norton had been…
2Cited by4 opinions
- Perry County Bank v. RankinSupreme Court of Arkansas · 1905
- Moore v. TillmanSupreme Court of Arkansas · 1926
- McCullough v. SmithCourt of Appeals for the Eighth Circuit · 1917
- Atkinson v. BurtSupreme Court of Arkansas · 1898