Felner v. Wilson
Cases that cite this one
5 later published cases cite this decision.
- Noyes v. Ross (Mont. 1899)
- F. Meyer Boot & Shoe Co. v. C. Shenkberg Co. (S.D. 1899)
- Red River Valley National Bank v. Barnes (N.D. 1899)
- Coffman v. Citizens' Loan & Investment Co. (Ark. 1927)
- Robberson v. Crow (Court Of Appeals Of Indian Territory 1899)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.