Swanger v. Goodwin
Supreme Court of Arkansas
APPEAL from Miller Circuit Court. L. A. Byrne, Judge. The sole question in this case is, whether or not the vendor’s lien or privilege given by the Constitution and laws of the State of Arkansas is a part of the contract, or only relates to the remedy ? There could be no lien given, even though the property and purchaser both subsequently removed to Arkansas. The common law is presumed to prevail in Texas.
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APPEAL from Miller Circuit Court. L. A. Byrne, Judge. The sole question in this case is, whether or not the vendor’s lien or privilege given by the Constitution and laws of the State of Arkansas is a part of the contract, or only relates to the remedy ? There could be no lien given, even though the property and purchaser both subsequently removed to Arkansas. The common law is presumed to prevail in Texas. Under the common law, the vendor of personal property has no lien or privilege thereon for the payment of the purchase money. It was therefore the duty of the appellee, claiming this…
1Opinion of the CourtSmith, J.
The action was upon three promissory notes representing the unpaid purchase money of certain chattels, described in the complaint, which had been sold and delivered by the plaintiff to the defendant. An order of seizure was issued and executed. The defendant admitted his indebtedness, but resisted the condemnation of his property to the satisfaction of any judgment that might be recovered against him, upon the ground that the notes and the contract of purchase out of which they arose, were made in the State of Texas, where the property was then situate, and that the laws of that State made no…
2Cases cited1 opinion
- Scudder v. Union National BankSupreme Court of the United States · 1875
3Cited by2 opinions
- Olson v. Moody, Knight & Lewis, Inc.Supreme Court of Arkansas · 1922
- Roach v. JohnsonSupreme Court of Arkansas · 1903