Sonfield v. Thompson
Supreme Court of Arkansas
APPEAL from Phillips Circuit Court. Hon. J. N. Cypert, Circuit Judge.. While the seal used was not as prescribed by statute, yet it might properly be held to be a private seal, within the meaning of the statute. (Sec. 1JS0®, Gantt’s' Digest.) Tr.e strict construction of the statute contended for’, is neither necessary for the protection of creditors or subsequent purchasers, nor is it just or equitable.
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APPEAL from Phillips Circuit Court. Hon. J. N. Cypert, Circuit Judge.. While the seal used was not as prescribed by statute, yet it might properly be held to be a private seal, within the meaning of the statute. (Sec. 1JS0®, Gantt’s' Digest.) Tr.e strict construction of the statute contended for’, is neither necessary for the protection of creditors or subsequent purchasers, nor is it just or equitable. The record in the recorder’s office showed a perfect deed,. for the seal did not appear of record, except as a scroll, and that was all the notice appellee was legally entitled to, and…
1Opinion of the CourtEakin, J.
Appellant, Sonfield, is the trustee in a certain-deed of trust, which is, in effect, a mortgage of personal property with power to take possession and sell, executed by Thompson on the second day of April, 1881, to secure a debt to Herman Euerst. Default having been made, he brought replevin against Thompson to get possession. Thompson made no defense, but H. P. Grant and L. Hough were allowed to come in and defend as interpleaders; claiming the property by better right.
They set up another trust deed of the same property, executed by Thompson to Hough, in November, 1881, to secure a debt to…
2Cited by9 opinions
- State Ex Rel. Attorney-General v. KnightSupreme Court of North Carolina · 1915
- Muncie National Bank v. BrownIndiana Supreme Court · 1887
- Brown v. AndersonSupreme Court of Arkansas · 1946
- Martin v. StateSupreme Court of Arkansas · 1906
- State ex rel. Gray v. HodgesSupreme Court of Arkansas · 1913
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