Bemis v. First National Bank
Supreme Court of Arkansas
Appeal from St. Francis Circuit Court in Chancery. Grant Green, Jr., Judge. Bemis, by paying- the notes, became subrogated to whatever lien the orig-inal payee may have had on the property. 3 Pom. Fq. Jur. sec. 1419; 40 Ark. 132; 44 id. 504; 50 id. 205, and cases cited.
Read the full summary
Appeal from St. Francis Circuit Court in Chancery. Grant Green, Jr., Judge. Bemis, by paying- the notes, became subrogated to whatever lien the orig-inal payee may have had on the property. 3 Pom. Fq. Jur. sec. 1419; 40 Ark. 132; 44 id. 504; 50 id. 205, and cases cited. No lien by attachment could intervene, so as to cut off appellant’s lien, even if it were true that the deed was executed in payment of the debt and discharge of the lien. 39 Ark. 531; 54 id. 153; 55 id. 542. The notes were a lien on' the whole property; the machinery, sawmill, etc., being fixtures. 56 Ark. 55; Fwell on…
1Opinion of the CourtBunn, C. J.
This is an attachment by the appellee against one H. Blinn on a promissory note transferred to it, in the St. Francis circuit court at its October term, 1891, in which appellant, Bemis, was interpleader, claiming an interest in and lien upon the attached property. On application of interpleader, the cause was transferred to the chancery docket. Decree for plaintiff, and interpleader appealed.
The property attached, in brief, was “a lot in Madison, Arkansas, described as ‘court-house square,’ and certain other lots in said town, including the site of Blinn’s saw mill-at Madison, it being- on…
2Cases cited2 opinions
- Smith v. . RobertsNew York Court of Appeals · 1883
- Choate v. KimballSupreme Court of Arkansas · 1892
3Cited by19 opinions
- Orchard v. Wright-Dalton-Bell-Anchor Store Co.Supreme Court of Missouri · 1910
- Beauchamp v. BertigSupreme Court of Arkansas · 1909
- Ozark v. AdamsSupreme Court of Arkansas · 1904
- Bache v. Central Coal & Coke Co.Supreme Court of Arkansas · 1917
- Neff v. ElderSupreme Court of Arkansas · 1907
14 more not listed; retrieve them via the Exa API.