Sims v. Phillips
Supreme Court of Arkansas
APPEAL from Sebastian Circuit Court. J. IL Evans, Special Judge. Phillips, being a constable, levied upon certain personal property, including 300 bundles of fodder, under an execution against Sampson in favor of Tatum. Sims brought replevin for the property, claiming under a mortgage from Sampson.
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APPEAL from Sebastian Circuit Court. J. IL Evans, Special Judge. Phillips, being a constable, levied upon certain personal property, including 300 bundles of fodder, under an execution against Sampson in favor of Tatum. Sims brought replevin for the property, claiming under a mortgage from Sampson. It was shown that the mortgage covered all of the property owned by Sampson, and that it was less in value than $200. Among other things, the mortgage embraced 150 bushels of corn and 300 bundles of fodder. At the time the mortgage was executed Sims consented that Sampson should use and consume the…
1Opinion of the CourtCockrill, C. J.
Fraudulent •sale—Ex e m p t property. There was testimony which would have warranted the jury in finding that Sampson, the mortgagor, was entitled to claim his exemptions under the laws of this State; that the property covered by the mortgage was all the personal property owned by him at that time; and that its value was less than the exemptions allowed by law. The charge of the court excluded the consideration of these facts from the jury, and instructed them that the mortgage was void if executed with the intent to hinder and delay a creditor of the mortgagor, provided the mortgagee…
2Cited by2 opinions
- Baxter County Bank v. CopelandSupreme Court of Arkansas · 1914
- Hoskins v. Fayetteville Grocery Co.Supreme Court of Arkansas · 1906