Erdman v. Erdman
Supreme Court of Arkansas
Appeal from Lonoke Chancery Court; John E. Martmeau, Chancellor; STATEMENT BY THE COURT. Appellant brought this suit to foreclose a chattel mortgage and subject to saie the mules in controversy, which had been seized by attachment at the suit of EL Beuehley, against her father, F. F. Erdman.
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Appeal from Lonoke Chancery Court; John E. Martmeau, Chancellor; STATEMENT BY THE COURT. Appellant brought this suit to foreclose a chattel mortgage and subject to saie the mules in controversy, which had been seized by attachment at the suit of EL Beuehley, against her father, F. F. Erdman. It was alleged that- F. F. Erdman was indebted to Dan Lewis in the sum of $600, and on the 24th day of April, 1911, executed and delivered to him a promissory note for that sum due April 24, 1912, and bearing 10 per cent interest from maturity, and to secure the payment of same, he executed jointly with…
1Opinion of the CourtKirby, J.
(after stating the facts). It is not disputed that the note for $600 to Dan Lewis, and the mortgage to secure the payment thereof, executed by F. F. Erdman and his wife, are valid instruments, and the testimony shows, without contradiction, in fact, that the note secured by the mortgage was duly transferred to Nellie Erdman upon her purchase thereof, and the payment of $600 of her own funds therefor.
Certainly the great preponderance of the evidence, if not the undisputed evidence, shows it was a bona fide transaction, and, under the law, she became the owner of the note, and the mortgage by…
2Cases cited4 opinions
- Hannah v. CarringtonSupreme Court of Arkansas · 1856
- Pullen v. WardSupreme Court of Arkansas · 1894
- Buck v. BransfordSupreme Court of Arkansas · 1893
- Maxey v. CooperSupreme Court of Arkansas · 1910
3Cited by3 opinions
- Bennett v. SemmesDistrict Court, E.D. Arkansas · 1923
- Citizens Bank of Lavaca v. Perrin & Sons, Inc.Supreme Court of Arkansas · 1972
- Northwest Arkansas Production Credit Ass'n v. CourtneySupreme Court of Arkansas · 1946