White v. McCracken
Supreme Court of Arkansas
Appeal from White Circuit Court. Grant Green, Jr., Judge. STATEMENT BY THE COURT. S. H. White, a constable, and W. P. Best, a town marshal of Judsonia, levied executions upon certain logs as the property of B. D. Barnum. Joseph McCracken brought this action of replevin to recover possession of the logs, claiming to have purchased the same from said Barnum before the issuance of said executions.
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Appeal from White Circuit Court. Grant Green, Jr., Judge. STATEMENT BY THE COURT. S. H. White, a constable, and W. P. Best, a town marshal of Judsonia, levied executions upon certain logs as the property of B. D. Barnum. Joseph McCracken brought this action of replevin to recover possession of the logs, claiming to have purchased the same from said Barnum before the issuance of said executions. He testified that in July, 1892, he made a contract with Barnum, by which Barnum agreed to get out and deliver to him, at the mouth of Little Red river, a certain quantity of oak, gum and ash logs for…
1Opinion of the Court
RIDDIcK, J.,
1. Whe~i constructive delivery sumcient. (after stating the facts.) We find no error in the instructions given by the court. They say, in effect, that if the logs sold were so large as to be incapable of manual delivery, then, if the purchase price was paid in full, a bill of sale delivered, and the possession surrendered by the vendor, and he afterwards held them in good faith as the bailee of the purchaser, then no further delivery was required to pass the title. The law, so far as it is stated in these instructions, is not prejudicial to the rights of appellants. Trieber v.…
2Cases cited3 opinions
- Puckett v. ReedSupreme Court of Arkansas · 1876
- Trieber v. AndrewsSupreme Court of Arkansas · 1876
- Hight v. HarrisSupreme Court of Arkansas · 1892
3Cited by20 opinions
- Kirchman v. Tuffli Bros. Pig Iron & Coke Co.Supreme Court of Arkansas · 1909
- Clark v. Shannon & Mott Co.Supreme Court of Iowa · 1902
- North Arkansas & Western Railway Co. v. ColeSupreme Court of Arkansas · 1902
- Wallace v. RialesSupreme Court of Arkansas · 1950
- Scott v. StateSupreme Court of Arkansas · 1906
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