Legal Opinion

Anderson v. Joseph

Supreme Court of Arkansas

Decided July 11, 1910PublishedCited by 4 opinions

Appeal from Lawrence Circuit Court, Eastern District; •Charles Coffin, Judge; The law will not permit a man to take advantage of another who is in prison or war. 24 Ark. 224. A mortgage of personal property passes the whole legal -title to the mortgagee conditionally, and a sale thereof by the mortgagee is not conversion. 33 111. App. 297; 8 Johns. 96; 2 Den. 170; 35 Cal. 404; 27 Cal. 258; 2 Gray, 303; 3 Cush. 322. Plaintiff, being neither in possession nor entitled to…

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Appeal from Lawrence Circuit Court, Eastern District; •Charles Coffin, Judge; The law will not permit a man to take advantage of another who is in prison or war. 24 Ark. 224. A mortgage of personal property passes the whole legal -title to the mortgagee conditionally, and a sale thereof by the mortgagee is not conversion. 33 111. App. 297; 8 Johns. 96; 2 Den. 170; 35 Cal. 404; 27 Cal. 258; 2 Gray, 303; 3 Cush. 322. Plaintiff, being neither in possession nor entitled to possession, can not maintain trover. 10 Cal. 392; 138 Mass. 513; 38 Md. 242; 6 H. & J. 100; 47 Minn. 433; 64 S. W. 942; 65…

1Opinion of the CourtBattle, J.

J. A. Anderson brought an action against A. W. S'hirey, in his lifetime, to recover the difference in the value -of two mules and the amount of an account that plaintiff owed the defendant.

On the 15th day of March, 1906, Sam Golden and plaintiff •executed to the defendant a mortgage on two mules and two horses and certain crops of corn and cotton to secure the payment of a promissory note executed by Sam Golden and plaintiff to the defendant for $250, due October 15, 1906, and all other indebtedness they should contract with the defendant on or before the 15th day of October, 1906. In case of…

2Cases cited4 opinions

  1. Howery v. HooverSupreme Court of Iowa · 1896
  2. McClure v. HillSupreme Court of Arkansas · 1880
  3. Colby v. W. W. Kimball Co.Supreme Court of Iowa · 1896
  4. Jones v. HornSupreme Court of Arkansas · 1888

3Cited by4 opinions

  1. Watkins v. LaytonSupreme Court of Kansas · 1958
  2. Trudell v. Hingham State BankMontana Supreme Court · 1922
  3. Duty v. JonesSupreme Court of Arkansas · 1916
  4. Wells v. DerrickSupreme Court of Arkansas · 1956

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