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72 Ark. 494

Bard v. Van Etten

Supreme Court of Arkansas

Decided October 15, 1904

Supreme Court of Arkansas · decided 1904-10-15

Felix G. Taylor, Judge. John Bard sued G. B. Meiser, administrator of Gib Ford, deceased, and G. H. Van Etten Company, a partnership composed of G. H. Van Etten and D. S. Waters. It was agreed at the trial that “this action is brought and based on account for work and labor done by plaintiff in hauling shingles for Gib Ford, deceased, under said Ford’s direction and employment. The amount of said account is $204.85.

Cited by 1 later decisions — most recently April 1927

1 state decisions

Relies on Jetton v. Tobey · Pape v. Steward

Good law ✅— No negative treatment on recordhow we know

Reversed · Decided 1904-10-15

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Battue, J.

¶1Gib Ford sold the shingles in controversy to G. H. Van Etten Company. At the time of the sale John Bard held a laborer’s lien on the shingles for $126.95, the amount Ford owed him for work and labor performed in their production. This fact seems to be conceded. But it is contended that the Van Etten Company purchased without notice of the lien, and therefore is not affected by it. This is not true. Bard did not lose his lien by the sale. Van Etten Company paid the entire purchase money by crediting Ford with the same on his previous indebtedness to it. It was not a bona fide purchaser, and did not acquire the shingles free from the lien. Pape v. Steward, 69 Ark. 306, 310; Jetton v. Tobey, 62 Ark. 84.

¶2Reverse and remand, with instructions to the court to render a judgment in accordance with' this opinion.

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