Morton v. Linton & Plant
Supreme Court of Arkansas
Appeal from White Circuit Court; J. M. Jackson, Judge; STATEMENT OF FACTS. This action was begun before a justice of the peace on the 30th day of December, 1915, by Linton & Plant against Prank Morton to replevy certain personal property under a chattel mortgage for the purpose of foreclosing it.
Read the full summary
Appeal from White Circuit Court; J. M. Jackson, Judge; STATEMENT OF FACTS. This action was begun before a justice of the peace on the 30th day of December, 1915, by Linton & Plant against Prank Morton to replevy certain personal property under a chattel mortgage for the purpose of foreclosing it. The complaint is as follows: “The plaintiffs, Linton & Plant, are a partnership doing mercantile business at Bose Bud, Ark., in White County, Arkansas, under oath say they are entitled to one light hay horse of the value of $40; one dark hay horse of the value of $75; one red heifer, two years old,…
1DissentMcCULLOCH, C. J.
This action was
instituted before a justice of the peace to recover possession of certain chattels .for the purpose of foreclosing a mortgage executed by appellant to appellees, and the statute governing such actions provides that the defendant “shall have the right to prove or show any payment or payments or set-off under said mortgage, * * * and judgment shall be rendered for the property or the balance due thereon, and the defendant may pay the judgment for the balance due and costs within ten days and satisfy the judgment and retain the property.” Kirby’s Digest, § 6869.
Appellant presented…
2Cases cited6 opinions
- Dunbar v. BourlandSupreme Court of Arkansas · 1908
- Church v. GallicSupreme Court of Arkansas · 1905
- Quellmalz Lumber & Manufacturing Co. v. DaySupreme Court of Arkansas · 1918
- Livingston v. PugsleySupreme Court of Arkansas · 1916
- Jenkins v. JenkinsSupreme Court of Arkansas · 1906
1 more not listed; retrieve them via the Exa API.