Johnson v. Grissard
Supreme Court of Arkansas
APPEAL from Faulkner Circuit Court. J. W. Martin, Judge. The mortgage is so indefinite and uncertain that it conveys nothing against the claims of third persons. 11 N. W. Rep., 621. 1. The description in the mortgage was sufficient.
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APPEAL from Faulkner Circuit Court. J. W. Martin, Judge. The mortgage is so indefinite and uncertain that it conveys nothing against the claims of third persons. 11 N. W. Rep., 621. 1. The description in the mortgage was sufficient. It could be made definite by extrinsic proof. 79 Ala., 335 ; 66 Id., 258; 78 Id., 28; 65 Id., 256; 92 U. S., 325; Thomas on Mortg., 55,56; 65 Ga., 644; Jones Ch. Mortg., 64. 2. No verbal agreement can constitute a lien against a recorded mortgage, not even with a landlord. 5 Heisk. (Tenn.), 210; 43 Miss., 456.
1Opinion of the CourtHughes, J.
The appellee brought his action in the Faulkner circuit court to recover the value of three hundred pounds of seed cotton and fifty bushels of corn, which he alleged he owned and appellants had converted to their own use in 1884. Appellants answered, denied the ownership of appellee, the conversion by them, and that appellant was damaged. The case was tried by the court sitting as a jury upon the complaint, answer and an agreed statement of facts. The court found for appellee and gave judgment in his favor for $63.40. Appellee claimed the property under a mortgage executed to him by T. B.…
2Cases cited5 opinions
- Wilson v. BoyceSupreme Court of the United States · 1876
- Ellis v. MartinSupreme Court of Alabama · 1877
- Muir v. BlakeSupreme Court of Iowa · 1882
- Smith v. FieldsSupreme Court of Alabama · 1885
- Varnum v. StateSupreme Court of Alabama · 1884
3Cited by18 opinions
- United States v. Westmoreland Manganese Corp.District Court, E.D. Arkansas · 1955
- First Nat. Bank of Bristow v. RogersSupreme Court of Oklahoma · 1909
- Alferitz v. IngallsU.S. Circuit Court for the District of Nevada · 1897
- Security State Bank v. Clovis Mill & Elevator Co.New Mexico Supreme Court · 1937
- Neal Gin Co. v. Tradesmen's Nat. BankSupreme Court of Oklahoma · 1925
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