Cross v. Fombey
Supreme Court of Arkansas
APPEAL from Columbia Circuit Court. Charles W. Smith, Judge. 1. The title passed at once to the trustee without any act on his part, and courts of equity never permit a trust to fail for want of a trustee. 4 Ark., 302 ; 18 id., 65 ; 11 id., 94; 15 id., 60. Replevin was the proper remedy.
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APPEAL from Columbia Circuit Court. Charles W. Smith, Judge. 1. The title passed at once to the trustee without any act on his part, and courts of equity never permit a trust to fail for want of a trustee. 4 Ark., 302 ; 18 id., 65 ; 11 id., 94; 15 id., 60. Replevin was the proper remedy. Hill on Trustees, p. 188; 36 Conn., 10; 5 Wait, Ac. & Def., 472; 40 Ark., 75 ; 35 id., 218. 2. While a deed of trust is like a mortgage in effect, it is not a mortgage within the provisions of sec. 4743 Mansf. Dig., as construed in 9 Ark., 112, but stands as at common law, affecting all who have notice. 18…
1Opinion of the CourtHughes, J.
Appellant brought replevin for twelve bales-of cotton and two hundred bushels of corn. Appellees answered that Fombey, as constable, and Sewell, as sheriff, of Columbia county, held the corn and cotton by virtue of certain writs of attachment placed in their hands in said county, which became liens on the same, and were levied thereon before the deed of trust under which appellant, claimed was recorded. The evidence was, substantially,, that on the 14th day of March, 1888, Bailey Baker conveyed in trust to J. R. Owsley to secure certain indebtedness to-A. J. Brewer, which was to become due…
2Cited by15 opinions
- Smead v. ChandlerSupreme Court of Arkansas · 1903
- Bank of Weiner v. Jonesboro Trust CompanySupreme Court of Arkansas · 1925
- Dean v. Planters National Bank of HughesDistrict Court, E.D. Arkansas · 1959
- In Re WatsonDistrict Court, W.D. Arkansas · 1951
- Derrick v. ColeSupreme Court of Arkansas · 1895
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