Legal Opinion

Liddell v. Jones

Supreme Court of Arkansas

Decided July 22, 1905PublishedCited by 1 opinion

Appeal from Clay Circuit Court, Eastern District. Aeren Hughes, Judge. Mortgaged property is not subject to sale under execution. 42 Ark. 239. If the assignee of a mortgage attaches the property, such action is a waiver of the mortgage lien. 64 Ark. 2x3. The appellee could not claim the property as exempt. 42 Mass. 476; 17 N. E. 73; 21 Oh.

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Appeal from Clay Circuit Court, Eastern District. Aeren Hughes, Judge. Mortgaged property is not subject to sale under execution. 42 Ark. 239. If the assignee of a mortgage attaches the property, such action is a waiver of the mortgage lien. 64 Ark. 2x3. The appellee could not claim the property as exempt. 42 Mass. 476; 17 N. E. 73; 21 Oh. St. 402;- Kirby’s Dig. § 4966. A vendor’s lien is assignable. 47 Ark. 293; 36 Ark. 91; 62 Ark. 397; Jones, Mortg. § 565; 122 Mass. 303. Appellant could not claim the rights of a vendor and a mortgagee both. 64 Ark. 213; 51 Ark. 285; 55 Ark. 542; Wade,…

1Opinion of the CourtHirr, C. J.

The appellee, Jones, purchased two horses and harness of one Strong for $180, and, to secure payment of the purchase money, executed a mortgage to Strong on the horses and harness and also one log wagon. Strong was indebted to Hancock, who sued him, and caused attachment to issue, and ran a garnishment on Jones. The result of this proceeding was the sustaining of the attachment, and a judgment against Jones in favor of Hancock for the debt of $180, which he owed Strong for the horses. Hancock caused execution to issue, and the horses, harness and wagon were levied on. Jones filed a schedule…

2Cases cited4 opinions

  1. Cox v. HarrisSupreme Court of Arkansas · 1897
  2. Smith v. ButlerSupreme Court of Arkansas · 1904
  3. Morris v. HamSupreme Court of Arkansas · 1886
  4. Creanor v. CreanorSupreme Court of Arkansas · 1880

3Cited by1 opinion

  1. Lightle v. RotenberrySupreme Court of Arkansas · 1924

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