Fomby v. Colquitt
Supreme Court of Arkansas
Appeal from Columbia Circuit Court. The lien. of the landlord is paramount to that of a mortgagee. The cotton was delivered to the landlord in payment of rent, and lie thereby acquired the title to it, and sold it to appellant. The deed to Mrs, Perritt was not put on record— Pyle was left in possession — and appellee had no notice, actual or constructive, of the claim of Mrs. Perritt. He was therefore an innocent purchaser. 16 Ark. 543; Sugd.
Read the full summary
Appeal from Columbia Circuit Court. The lien. of the landlord is paramount to that of a mortgagee. The cotton was delivered to the landlord in payment of rent, and lie thereby acquired the title to it, and sold it to appellant. The deed to Mrs, Perritt was not put on record— Pyle was left in possession — and appellee had no notice, actual or constructive, of the claim of Mrs. Perritt. He was therefore an innocent purchaser. 16 Ark. 543; Sugd. Vendors, vol. 3 (6th ed.), p. 329, note 1; 31 Ark. 85.
1Opinion of the CourtHughes, J.
This is an appeal from a judgment in replevin in favor of the appellee for the recovery of two bales of cotton. On the 28th of March, W. W. Pyle executed to the appellee as trustee a deed in trust upon all of his cotton crop to be raised in the year 1890, in the county of Columbia, in this State. On the day after its execution the deed was filed in the office of the clerk of the county for record. It was given to secure the payment for supplies to be furnished W. W. Pyle with which to make a crop for 1890. On the first of January, 1889, W. W. Pyle had conveyed to his sister, Mrs. Perritt,…
2Cases cited1 opinion
- Gaines v. SummersSupreme Court of Arkansas · 1887
3Cited by3 opinions
- Hart v. WimberlySupreme Court of Arkansas · 1927
- Gentry v. AlleySupreme Court of Arkansas · 1957
- Ditton v. PurcellNorth Dakota Supreme Court · 1911