Felner v. Wilson
This text of 17 S.W. 587 (Felner v. Wilson) is published on Counsel Stack Legal Research, covering Supreme Court of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The 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.
The 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.
Affirm.
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Cite This Page — Counsel Stack
17 S.W. 587, 55 Ark. 77, 1891 Ark. LEXIS 142, Counsel Stack Legal Research, https://law.counselstack.com/opinion/felner-v-wilson-ark-1891.