Price v. Skillern
Supreme Court of Arkansas
Appeal from White Circuit Court. Grant Green, Jr., Judge. The indorsement is a substantial compliance with the statute. Mansf. Dig. sec. 4750; Acts 1893, p. 156 ; 49 Ark. 431, 433. It is not necessary that the precise language of the statute be used. 52 Ark. 164. The indorsement was not a substantial compliance with the statute. Sand. & H. Dig. secs. 5102, 5107.
1Opinion of the CourtBattle, J.
A statute of this State provides that “whenever any mortgage or conveyance intended to operate as a mortgage of personal property, or any deed of trust upon personal property, shall be filed with any recorder in this State, upon which is indorsed the following words : ‘This instrument is to be filed, but not recorded,’ and which indorsement is signed by the mortgagee, his agent or attorney, the said instrument when so received shall be marked ‘Filed’ by the recorder, with the time of filing upon the back of said instrument; and he shall file the same in his office, and it shall be a lien upon…
2Cases cited1 opinion
- State v. SmithSupreme Court of Arkansas · 1883
3Cited by6 opinions
- McReynolds v. First National BankSupreme Court of Arkansas · 1922
- First National Bank v. BedingfieldSupreme Court of Arkansas · 1907
- Continental Supply Co. v. ThomasSupreme Court of Arkansas · 1917
- Nix v. WattsSupreme Court of Arkansas · 1915
- Reitz, Receiver v. NowlinSupreme Court of Arkansas · 1937
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