Maxey v. Cooper

Decided March 21, 1910

Supreme Court of Arkansas · decided 1910-03-21

H. Evans, Judge; statement by the court. This was a suit in replevin for a buggy. The facts are substantially as follows: One Barnes owned the buggy, and sold it to one Mitchell, taking a mortgage back to secure the purchase money, which was duly filed with the clerk of the circuit court of Garland County,............. 1907. Cooper Brothers obtained a judgment against Mitchell ............, 1907.

Cited by 2 later decisions — most recently December 1972

2 state decisions

Relies on Jennings v. McIlroy · Buck v. Bransford

Good law ✅— No negative treatment on recordhow we know

reversed · Decided 1910-03-21

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Wood, J.,

¶1(after stating the facts). The judgment and execution of Cooper Brothers against Mitchell gave them no lien on the buggy. Mortgaged property, where the mortgage has been duly filed, is not subject to execution. Jennings. v. McIlroy, 42 Ark. 236; Buck v. Bransford, 58 Ark. 289, 291. At the time the execution was levied, December 14, 1907, the appellant was the owner of the buggy, having purchased same from Barnes, who purchased of Mitchell December 13, 1907.

¶2Appellant was entitled to a judgment upon the undisputed evidence. The judgment is therefore reversed, and the cause is remanded for new trial.