Case & Co. v. Hargadine
Supreme Court of Arkansas
APPEAL from Washington Circuit Court, lion. J. M. Pittman Circuit Judge. There was no attempt to file this mortgage under the Act of March 10, 1877. A mortgage is filed when it is delivered to the proper officer for the purpose. Jones Chat.
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APPEAL from Washington Circuit Court, lion. J. M. Pittman Circuit Judge. There was no attempt to file this mortgage under the Act of March 10, 1877. A mortgage is filed when it is delivered to the proper officer for the purpose. Jones Chat. Mort.. 2d Ed., See. 271; 25 Minn., 81; 12 Arh., 64; 28 Arh., 248-250, no matter whether endorsed by the clerk or not, 6 Ark. 211. The law requires all mortgages to be recorded, Gantt’s Dig., 5021. There being no endorsement on the mortgage as required by the Act of March 10, 1877, it was the duty of the clerk to record the mortgage. If he neglected to do…
1Opinion of the CourtSmith, J.
This was replevin for a grain separator and fixtures. Case & Co. held a mortgage on the machine which was properly acknowledged and filed with the Clerk of the Circuit Court, who is by virtue of his office the recorder of mesne conveyances for his county. He made the following endorsement upon it, over his signature : “ I hereby certify that the within mortgage was filed in this office on the 12th day of June 1882,” and placed it among the deeds filed for record, where it remained until the following April when it was recorded. No specific directions were given for the recording of the…
2Cases cited4 opinions
- People ex rel. Farrington v. BristolMichigan Supreme Court · 1876
- Throckmorton v. PriceTexas Supreme Court · 1866
- Dodge v. PotterNew York Supreme Court · 1854
- Gorham v. SummersSupreme Court of Minnesota · 1878
3Cited by11 opinions
- Westbrook v. McDonaldSupreme Court of Arkansas · 1931
- Neas v. Whitener-London Realty Co.Supreme Court of Arkansas · 1915
- Blanton Co. v. First Nat'l Bank of Marked TreeSupreme Court of Arkansas · 1928
- Montague v. CraddockSupreme Court of Arkansas · 1917
- Ghio v. ByrneSupreme Court of Arkansas · 1894
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