Hodges v. Nall
Supreme Court of Arkansas
Appeal from Hot Springs Circuit Court. Alexander M. Dueeie, Judge. statement by the court. The appellee recovered a judgment in replevin against the appellant for two cows.
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Appeal from Hot Springs Circuit Court. Alexander M. Dueeie, Judge. statement by the court. The appellee recovered a judgment in replevin against the appellant for two cows. It appears, from the evidence of the appellee in this case, that (to use his own language): “I sold unconditionally to the defendant, B. F. Hodges, the right to sell a certain trap, patented May 7, 1889, No. 402,589, in Grant county, Arkansas, for the consideration, two cows, one running in the range west of the Saline river, near Horton Webb’s, known as the Dock Sandford cow, whitíh was white and red pied, and the other…
1Opinion of the Court
Hughes, J.,
(after stating the facts.) The evidence in
the case tended to show either that the cows were delivered to the appellee at the time of the trade, and were never after-wards in the possession of the appellant, or that the appellant had only agreed to deliver them, but did not. It follows that if the cows were delivei’ed to the appellee, and were not after-wards in the possession of the appellant, replevin would not lie against the appellant. If appellant agreed to deliver the cows, but never did so, the sale was hot complete for want of delivery of the property sold; and in this event…
2Cases cited5 opinions
- Hight v. HarrisSupreme Court of Arkansas · 1892
- Wallace v. BrownSupreme Court of Arkansas · 1856
- Hill v. FellowsSupreme Court of Arkansas · 1867
- Jones v. PearceSupreme Court of Arkansas · 1869
- Neis v. GillenSupreme Court of Arkansas · 1871
3Cited by5 opinions
- Brown & Hackney, Inc. v. LovelessSupreme Court of Arkansas · 1922
- Georgia Marble Finishing Works v. MinorSupreme Court of Arkansas · 1917
- Stark v. CouchSupreme Court of Arkansas · 1913
- Robbins v. HornSupreme Court of Arkansas · 1920
- N. P. Sloan Co. v. BarhamSupreme Court of Arkansas · 1919