Legal Opinion

Hoye v. Burford

Supreme Court of Arkansas

Decided June 9, 1900PublishedCited by 11 opinions

Appeal from Conway Circuit Court. Jeremiah G-. Wallace, Judge. STATEMENT BY THE COURT. This was an action of replevin by H. L. Burford against John Hoye to recover the possession of two cows.

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Appeal from Conway Circuit Court. Jeremiah G-. Wallace, Judge. STATEMENT BY THE COURT. This was an action of replevin by H. L. Burford against John Hoye to recover the possession of two cows. Burford claimed the property by virtue of a mortgage executed to him by R. W. Butler, dated March 11, 1895. This mortgage says, “In consideration of the sum of $1.50, the receipt of which is hereby acknowledged, the party of the first part has bargained,” etc., with other property described, two cows, describing them as “two calves belonging to above cows,” and recites that Butler is indebted to Burford…

1Opinion of the Court

Wood, J.,

(after stating the facts.) Passing over the objection of appellee that the exceptions of appellant to the rulings of the trial court were not embodied in his motion for new trial, and therefore were waived, and conceding that exceptions were properly saved, and that the errors of which appellant here complains are properly before this court for con - sideration, still we find nothing for which to reverse the judgment. Taking the grounds of the motion as appellant states them, the court did not err: “First, in refusing to declare the mortgage of March 11, 1895, void.” The mortgage…

2Cases cited1 opinion

  1. Curtis & Lane v. FlinnSupreme Court of Arkansas · 1885

3Cited by11 opinions

  1. Hendrickson v. Farmers' Bank & Trust Co.Supreme Court of Arkansas · 1934
  2. In re HawksDistrict Court, D. Kansas · 1913
  3. Richeson v. National BankSupreme Court of Arkansas · 1910
  4. Cazort & McGehee Co. v. DunbarSupreme Court of Arkansas · 1909
  5. First National Bank of Corning v. Corning Bank & Trust Co.Supreme Court of Arkansas · 1925

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