McKennon v. May
Supreme Court of Arkansas
APPEAL from Johnson Circuit Court. Hon. W. D. Jacoway, Circuit Judge. The third and fourth instructions asked for plaintiff were undoubtedly law. Plaintiff had a mortgage from both Burks and Johnson, while appellee had one from Burks only.
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APPEAL from Johnson Circuit Court. Hon. W. D. Jacoway, Circuit Judge. The third and fourth instructions asked for plaintiff were undoubtedly law. Plaintiff had a mortgage from both Burks and Johnson, while appellee had one from Burks only. May was a trespasser when he took possession of Johnson’s and Oakes’ crop, and the payment of the rent gave him no claim. 1. Appellant failed to make and file the affidavit reqnired by section- 2 of the act of March 10, 1877, and his mortgage was void as against appellee. 2. Johnson was a share-cropper, and had no right to give a mortgage on any interest he…
1Opinion of the CourtEnglish, C. J.
On the sixth of April, 1881, E. R. Mc-Kennon brought replevin, in the Circuit Court of Johnson County, against John W. May, for thirteen bales of cotton.
The Sheriff, under the order of delivery, seized twelve bales of cotton. Defendant gave a cross-bond, and retained possession of the cotton.
There was an answer controverting plaintiff’s alleged title, and setting up title and right of possession in defendant. There was a trial by jury, verdict and judgment for defendant. Plaintiff' moved for a new trial, which was refused, and he took a bill of exceptions and appealed.
The evidence introduced…
2Cited by4 opinions
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- Moseley v. CheathamSupreme Court of Arkansas · 1896