Nattin v. Riley
Supreme Court of Arkansas
APPEAL from Miller Circuit Court. W. H. Arnold, Special Judge. 1. A bill of sale, absolute on its face, cannot, in an action of law, be shown, by parol evidence, to have been intended as a mortgage. Jones on Mortgages, Vol. I, p. 282, 3d ed.; 36 Me., 562; 38 Ala., 89; 13 Mass., 443; 5 Minn., 178 ; 10 Mo., 483; 62 id., 202; 8 Kans., 380; 8 Conn., 117; 38 Ala., 125 ; 71 Me., 567; 5 Litt.
Read the full summary
APPEAL from Miller Circuit Court. W. H. Arnold, Special Judge. 1. A bill of sale, absolute on its face, cannot, in an action of law, be shown, by parol evidence, to have been intended as a mortgage. Jones on Mortgages, Vol. I, p. 282, 3d ed.; 36 Me., 562; 38 Ala., 89; 13 Mass., 443; 5 Minn., 178 ; 10 Mo., 483; 62 id., 202; 8 Kans., 380; 8 Conn., 117; 38 Ala., 125 ; 71 Me., 567; 5 Litt. (Ky.), 74. 2. The appellee did not become the owner of the mare by reason of the trade for the horse. 12 S. W„ 330.
1Opinion of the CourtBattle, J.
This was an action of replevin brought by J. H. Nattin against Mike Riley, before a justice of the peace, for the recovery of a bay mare. On the trial Riley testified, in effect, that he, in 1883, sold to Jim Griggs a horse on a credit, and upon condition that the horse was to remain his property until the debt contracted in the purchase of him was fully paid. In 1884 Griggs exchanged the horse for the mare in controversy, and let the plaintiff, J. H. Nattin, have her for the alleged consideration of $25, and executed to him a bill of sale. Plaintiff permitted Griggs to remain in possession…
2Cases cited2 opinions
- Hutchings v. . MungerNew York Court of Appeals · 1869
- Taylor v. FinleySupreme Court of Vermont · 1874
3Cited by5 opinions
- Ames Iron Works v. ReaSupreme Court of Arkansas · 1892
- Sunny South Lumber Co. v. Neimeyer Lumber Co.Supreme Court of Arkansas · 1896
- Fairbanks, Morse Company v. ParkerSupreme Court of Arkansas · 1925
- Snyder v. SlattonSupreme Court of Arkansas · 1909
- Langless v. McCarthySupreme Court of Arkansas · 1925