Meyer v. Bloom
Supreme Court of Arkansas
APPEAL from Jefferson Circuit Court. Hon. X. J. Pinball, Circuit Judge. STATEMENT. On the fourteenth of November, 1878, Meyer, as trustee for the creditors of Tomlinson, brought replevin against Bloom for four bales of cotton, before a Justice of the Peace of Jefferson county. Finding and judgment for Bloom, and appeal by Meyer to the Circuit Court.
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APPEAL from Jefferson Circuit Court. Hon. X. J. Pinball, Circuit Judge. STATEMENT. On the fourteenth of November, 1878, Meyer, as trustee for the creditors of Tomlinson, brought replevin against Bloom for four bales of cotton, before a Justice of the Peace of Jefferson county. Finding and judgment for Bloom, and appeal by Meyer to the Circuit Court. Upon the trial in the Circuit Court, before the Court, sitting as a jury, Meyer read in evidence: 1st. A deed of assignment executed to him by Tomlinson, on the sixth day of April, 1878, conveying to him all his lands, goods and ■choses in action,…
1Opinion of the CourtHarrison, J.
The lien of the landlord was superior to •the mortgage, and it was in no way affected by it. Sevier v. Shaw, Barbour & Co., 25 Ark., 417; Tomlinson v. Greenfield, 31 Ark., 357; Watson v. Johnson et al, 33 Ark., 737; Buck v. Lee et al, 36 Ark., 525.
Being entitled to have the cotton, raised on the demised premises, applied in payment of his rent, he had the right to receive payment in it. Watson v. Johnson et al, supra; Buck v. Lee et al, supra.
And, though the assignment of the note did not in law •carry with it the lien, it still subsisted, and as the note was held by M. Hanf & Co. only as…
2Cited by4 opinions
- J. T. Fargason Co. v. FurstCourt of Appeals for the Eighth Circuit · 1923
- Carraway v. PhippsSupreme Court of Arkansas · 1935
- Cravens & Boren v. BarrSupreme Court of Arkansas · 1916
- Watson v. MaySupreme Court of Arkansas · 1896