Montague v. Craddock
Supreme Court of Arkansas
Appeal from Craighead Chancery Court, Eastern District; Charles D. Frierson, Chancellor; E Montague’s mortgage was prior in time and duly filed for record with the proper officer and the fee paid. If the recorder failed to record it, or to properly index it or record it, the lien is not affected thereby. 28 Ark. 244; 43 Id. 144; 59 Id. 280, 291; 69 Id. 114, 118. Priority as between two chattel mortgages is determined by the record or the filing thereof.
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Appeal from Craighead Chancery Court, Eastern District; Charles D. Frierson, Chancellor; E Montague’s mortgage was prior in time and duly filed for record with the proper officer and the fee paid. If the recorder failed to record it, or to properly index it or record it, the lien is not affected thereby. 28 Ark. 244; 43 Id. 144; 59 Id. 280, 291; 69 Id. 114, 118. Priority as between two chattel mortgages is determined by the record or the filing thereof. Murraij Co. v. Satterfield, .125 Ark. 85. 2. Needham was a resident of the Western District' and the mortgage to appellant was properly filed…
1Opinion of the CourtHart, J.
(after stating the facts). (1) Counsel for the plaintiff, Montague, filed what they termed a bill of review, but it was, in effect, a motion under section 4431, of Kirby’s Digest, after the expiration of the term, to vacate the decree. The evidence shows that the original decree was not based upon an agreed statement of facts, as it purports to be, but that it was in reality a decree by default. A proceeding seeking the vacation of a default judgment or decree is warranted by section 4431, of Kirby’s Digest, and such judgment or decree may be vacated or modified for fraud or mistake in its…
2Cases cited9 opinions
- Brooks v. TwitchellMassachusetts Supreme Judicial Court · 1903
- Case & Co. v. HargadineSupreme Court of Arkansas · 1884
- Oats v. WallsSupreme Court of Arkansas · 1873
- Dale v. BlandSupreme Court of Arkansas · 1910
- Sanderson v. VoelckerMissouri Court of Appeals · 1892
4 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Westbrook v. McDonaldSupreme Court of Arkansas · 1931
- Priest v. MackSupreme Court of Arkansas · 1937
- Merriott v. KilgoreSupreme Court of Arkansas · 1940
- Minick v. RameySupreme Court of Arkansas · 1925
- Marsh v. TillerCourt of Appeals of Texas · 1925
5 more not listed; retrieve them via the Exa API.