Liddell v. Jones
Supreme Court of Arkansas
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
- Cox v. HarrisSupreme Court of Arkansas · 1897
- Smith v. ButlerSupreme Court of Arkansas · 1904
- Morris v. HamSupreme Court of Arkansas · 1886
- Creanor v. CreanorSupreme Court of Arkansas · 1880
3Cited by1 opinion
- Lightle v. RotenberrySupreme Court of Arkansas · 1924