Jones v. Burks
Supreme Court of Arkansas
Appeal from Garland Circuit Court; Galvin T. Gotham, Judge; STATEMENT BY THE COURT. '1 . This is a suit by appellant to replevy from the appellees an automobile, which she alleged was worth the sum of $500. Appellant alleged that she acquired title to the property as follows: She entered a contest to procure subscriptions for the Bulletin Publishing Company, a newspaper, that had offered to the person procuring the greatest number of subscribers a five-passenger automobile;…
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Appeal from Garland Circuit Court; Galvin T. Gotham, Judge; STATEMENT BY THE COURT. '1 . This is a suit by appellant to replevy from the appellees an automobile, which she alleged was worth the sum of $500. Appellant alleged that she acquired title to the property as follows: She entered a contest to procure subscriptions for the Bulletin Publishing Company, a newspaper, that had offered to the person procuring the greatest number of subscribers a five-passenger automobile; that she was the successful contestant and was so declared by the Bulletin Publishing Company; that the Bulletin…
1Opinion of the Court
Wood, J.,
(after stating the facts). The court erred in directing a verdict in favor of the appellee. As to whether or not appellee had estopped himself from claiming title and right to the possession of the automobile in controversy, was a question for the jury under the evidence.
Appellee relies upon the authority of Watkins v. Curry, 103 Ark. 414, to support the ruling of the court directing a verdict in his favor, but in that case the facts were entirely different. There we said: “There is no testimony in the record to warrant the conclusion that appellee Curry estopped himself from setting…
2Cases cited4 opinions
- Shaul v. HarringtonSupreme Court of Arkansas · 1891
- Elgin v. BarkerSupreme Court of Arkansas · 1913
- Carey v. WatkinsSupreme Court of Arkansas · 1911
- Watkins v. CurrySupreme Court of Arkansas · 1912
3Cited by3 opinions
- Bank of Wynne & Trust Co. v. StaffordSupreme Court of Arkansas · 1917
- Sherrill Hardwood Lumber Co. v. H. D. Glass Lumber Co.Supreme Court of Arkansas · 1922
- Otter Creek Development Co. v. FriesenhahnSupreme Court of Arkansas · 1988