Berger v. Miller
Supreme Court of Arkansas
Appeal from Craighead Circuit Court; Frank Smith, Judge; STATEMENT BY TITS COURT. The appellee brought replevin against appellant, Satterwait, in justice’s court, for 'the possession of a certain stove, with the usual allegations. Judgment was rendered in favor of the appellee, and appellant appealed to the circuit court.
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Appeal from Craighead Circuit Court; Frank Smith, Judge; STATEMENT BY TITS COURT. The appellee brought replevin against appellant, Satterwait, in justice’s court, for 'the possession of a certain stove, with the usual allegations. Judgment was rendered in favor of the appellee, and appellant appealed to the circuit court. In the circuit court appellant Berger asked to be made a party defendant, setting up that he, through his agent, had sold the stove in controversy to appellant Satterwait, and had warranted the title, and that he had been notified by appellant Satterwait to defend. The…
1Opinion of the Court
Wood, J.,
(after stating the facts.) The court erred in refusing to grant appellant’s prayers numbered two and four. The evidence on behalf of appellant Berger tended to show that the sale of the'stove in controversy was made upon condition that the title should remain in him until the purchase price was paid, and that, in case of default in the payment of any of the installments when due, he should have the right to the immediate possession of the property. Under such a contract the vendor would have the right to the immediate possession of the property. Ferguson v. Hetherington, 39 Ark. 438;…
2Cases cited9 opinions
- Faisst v. WaldoSupreme Court of Arkansas · 1893
- McRea v. MerrifieldSupreme Court of Arkansas · 1886
- Public Parks Amusement Co. v. Embree-McLean Carriage Co.Supreme Court of Arkansas · 1897
- Simpson v. ShackelfordSupreme Court of Arkansas · 1886
- Edgewood Distilling Co. v. ShannonSupreme Court of Arkansas · 1895
4 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Ellis v. SmithersSupreme Court of Arkansas · 1943
- General Motors Acceptance Corp. v. HicksSupreme Court of Arkansas · 1934
- Scroggins v. BowenSupreme Court of Arkansas · 1971