Hamlett v. Tallman
Supreme Court of Arkansas
APPEAL from Ghieot Circuit Court. Hon. H. B. Morse, Circuit Judge. A parol contract for a lien on personal property, accompanied with possession in the claimant of the lien, is good. 3 Parsons An. Cont., 271; lien defined, ib., 234. Appellees not innocent purchasers. Possession was notice of appellant’s claim.
Read the full summary
APPEAL from Ghieot Circuit Court. Hon. H. B. Morse, Circuit Judge. A parol contract for a lien on personal property, accompanied with possession in the claimant of the lien, is good. 3 Parsons An. Cont., 271; lien defined, ib., 234. Appellees not innocent purchasers. Possession was notice of appellant’s claim. Hardy v. Heard, 15 Ark., 184; Hamilton v. Fowllces, 16 Ark., 340; were without actual notice; Byers v. Engles, 16 Ark., 543; applies a fortiori to personal property; 3 Parsons on Con., 234, 272. Only the pledger’s right passes. Lien ci’eated by delivery. No record was necessary, Ib.,…
1Opinion of the Court
Walker, J.:
Tallman and Graves brought suit in the Chicot Circuit Court,, to recoArer possession of eight bales of cotton. They aArer in their petition that they are the owners, and are entitled to the-possession of the cotton; that the defendant has possession of' the cotton Avithout right and unlawfully detains the same.
The defendant answered that the plaintiffs were not the owners of the cotton, nor were they entitled to the possession of it. Defendant further answered, in substance, that the cotton belonged to other parties, her tenants, and that she, by a written contract, held a lien…
2Cases cited1 opinion
- Slack v. PriceCourt of Appeals of Kentucky · 1808
3Cited by7 opinions
- Mitchell v. RobertsUnited States Circuit Court · 1883
- Chicago, Rock Island & Pacific Railway Co. v. PfeiferSupreme Court of Arkansas · 1909
- Moore v. O'DellSupreme Court of Oklahoma · 1910
- M., K. & T. Railway Co. v. TurleyCourt Of Appeals Of Indian Territory · 1896
- McCourt Manufacturing Corp. v. RycroftSupreme Court of Arkansas · 2010
2 more not listed; retrieve them via the Exa API.