Legal Opinion

Beaver v. Frick Co.

Supreme Court of Arkansas

Decided March 8, 1890PublishedCited by 4 opinions

APPEAL from Carroll Circuit Court. Western District. J. M. Pittman, Judge. The Frick Company sued Beaver for the possession of certain personal property.

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APPEAL from Carroll Circuit Court. Western District. J. M. Pittman, Judge. The Frick Company sued Beaver for the possession of certain personal property. The cause was tried before the court sitting as a jury, which found the following facts, and set out its finding in its judgment: that the plaintiff claims title to said property by virtue of a chattel mortgage executed by one Broadus, who was a resident ol the western district of Carroll county, Ark.; that said mortgage had been duly filed with the clerk of Carroll county as recorder, and had been recorded in the eastern district of Carroll…

1Per curiam

The mortgagor resided in the western district of Carroll county. The court found that the plaintiff’s mortgage was never recorded or filed in that district. It was therefore not a lien on the property of the mortgagor as against a subsequent mortgage filed and recorded in the district where the mortgagor resides. Under the act creating separate districts for the record of deeds and mortgages in Carroll county (Act March 12, 1883), the two districts stand in that respect as separate counties. Delivery of a deed in one district to the clerk or his deputy without instructions is prima facie…

2Cited by4 opinions

  1. In re T. H. Bunch Commission Co.District Court, E.D. Arkansas · 1915
  2. Bunch v. PottsSupreme Court of Arkansas · 1893
  3. Simpson v. First National Bank of DewittSupreme Court of Arkansas · 1927
  4. Hall v. CartwrightSupreme Court of Arkansas · 1929

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