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55 Ark. 77

Felner v. Wilson

Supreme Court of Arkansas

Decided November 14, 1891

Supreme Court of Arkansas · decided 1891-11-14

James M. Pittman, Judge. On January n, 1889, the firm of J. H. Williams & Co.,„ druggists, executed to Joel Wilson and B. F. Williams a mortgage on all their stock of merchandise and accounts. to secure the latter against liability, as sureties for the former, upon two notes aggregating $1500.

Good law ✅— No negative treatment on recordhow we know

Decided 1891-11-14

How this case has been cited

Cited by 4 later decisions — most recently February 1927

3 state decisions

201891190019101920decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Cockrill, C. J.

¶1The fair construction . of the mortgage in this case is that the mortgagors held possession of and sold the mortgaged chattels as agents of the mortgagees. It is settled that such a provision does not avoid a mortgage. Gauss v. Doyle, 46 Ark., 122; Gauss v. Orr, ib., 129; Fink v. Ehrman, 44 Ark., 310.

¶2The question whether the mortgagees’ possession was bona fide or fraudulent, that is, whether they held for themselves or as agents of the mortgagees, was determined by the chancellor in favor of the mortgagees upon testimony against which there is not a preponderance of evidence, and we decline to disturb it.

¶3Affirm.

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