Miller v. O'Bryan
Supreme Court of Arkansas
APPEAL from Garland Circuit Court. Hon. J. M. Smith, Circuit Judge. Decree not final, and not subject to appeal, and does not come within sec. 1055 Gantt’s Digest. The merits were not determined. Without consent, or stipulation against it, the mortgage itself gave legal title and right of posession. 1 Hilliard on Mort., ¶. 168, sec. 18. Decree right upon the merits.
1Opinion of the Court
STATEMENT.
Eakin, J.
On the eleventh of June, 1877, Miller executed to O’Bryan his note for $1,673.40, due the tenth of November, following, with interest from date. To secure this, and supplies to be' advanced, he, at the same time, executed to him a mortgage of all his crop of cotton and corn growing on a certain farm, providing, that in case of default of payment, at the time the note should fall due, of it or any other indebtedness, or should he sell or attempt to sell, ship, remove,, or otherwise dispose of, any of said crop, meanwhile, without the mortgagee’s consent, then, the latter…
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