Legal Opinion

Atkinson v. Burt

Supreme Court of Arkansas

Decided May 14, 1898PublishedCited by 5 opinions

Appeal from Lincoln Circnit Court, Star City District.. John M. Elliott, Judge. STATEMENT BY THE COURT. Burt sued Atkinson and others for taking from his possession some cotton, corn, two horses and a wagon, and other personal property. Atkinson answered, denying that he wrongfully took the property, but said that he had a mortgage upon it to secure a debt of $484.49, and that Burt delivered the property to him voluntarily. The other defendants filed general denials.

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Appeal from Lincoln Circnit Court, Star City District.. John M. Elliott, Judge. STATEMENT BY THE COURT. Burt sued Atkinson and others for taking from his possession some cotton, corn, two horses and a wagon, and other personal property. Atkinson answered, denying that he wrongfully took the property, but said that he had a mortgage upon it to secure a debt of $484.49, and that Burt delivered the property to him voluntarily. The other defendants filed general denials. Burt replied, setting up that the debt was usurious. After hearing the testimony in the case, the court gave to the jury, at…

1Opinion of the Court

Hughes, J.,

(after stating the facts.) The first instruction is erroneous. By failing to furnish Burt, the appellee, with an itemized, verified statement of his account before bringing suit, the appellant, Atkinson, did not forfeit his debt secured by the mortgage given by the appellee, Burt, to secure its payment. The statute imposes no such forfeiture for such a failure. The statute is as follows: “Before any mortgage, trustee or other person shall proceed to foreclose any mortgage, deed of trust, or to replevy under such mortgage, deed of trust or other instrument, any personal property,…

2Cases cited3 opinions

  1. Marks v. McGeheeSupreme Court of Arkansas · 1879
  2. Kannady v. McCarronSupreme Court of Arkansas · 1856
  3. Cocke v. CrossSupreme Court of Arkansas · 1892

3Cited by5 opinions

  1. Starling v. HamnerSupreme Court of Arkansas · 1932
  2. Lawhon v. CrowSupreme Court of Arkansas · 1909
  3. Firemen's Relief & Pension Fund v. HughesSupreme Court of Arkansas · 1958
  4. Morton v. LintonSupreme Court of Arkansas · 1917
  5. Jett v. CrittendenSupreme Court of Arkansas · 1909

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