Norton v. McNutt
Supreme Court of Arkansas
APPEAL from Clark Circuit Court. Rufus D. Hearn, Judge. McNutt & Young, partners in the banking business under the style of the Elk Horn Bank, in May, 1889, obtained judgment against P. H. Norton, and in July, 1889, procured •execution to be levied upon two mules described as a bay and a dun mule. Eugene Norton intervened and claimed the property, and gave bond for its retention.
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APPEAL from Clark Circuit Court. Rufus D. Hearn, Judge. McNutt & Young, partners in the banking business under the style of the Elk Horn Bank, in May, 1889, obtained judgment against P. H. Norton, and in July, 1889, procured •execution to be levied upon two mules described as a bay and a dun mule. Eugene Norton intervened and claimed the property, and gave bond for its retention. Plaintiffs moved the court for judgment on the bond, as provided by section 3045 of Mansfield’s Digest. A jury was impaneled to try the right of property. The court ruled that the burden of proof in the whole case…
1Opinion of the CourtHemingway, J.
1. Burden of pr°°f' In a contest, as to the ownership of property seized under an execution, between an execution plaintiff and an interpleader, the statute provides that the trial court shall direct which party shall be considered plaintiff in the issue, and a direction that the interpleader should assume the burden of proof is not improper. Mansf. Dig., sec. 3045; State v. Spikes, 33 Ark., 801; Waples, Att., p. 481.
2. Presumpsession.0”1 p°s' Possession of property wholly unexplained is usually presumptive of ownership, but a declaration of this principle would have been misleading and…
2Cases cited1 opinion
- Rawley v. . BrownNew York Court of Appeals · 1877
3Cited by8 opinions
- United States v. JohnstonDistrict Court, W.D. Arkansas · 1965
- Excelsior Manufacturing Co. v. OwensSupreme Court of Arkansas · 1894
- Velder v. Crown Exploration Co.Court of Appeals of Arkansas · 1984
- Gage v. ChastainSupreme Court of Arkansas · 1931
- Jennings v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1925
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