Supreme Court of Arkansas, 1910

Maxey v. Cooper

Maxey v. Cooper
Supreme Court of Arkansas · Decided March 21, 1910 · Wood
94 Ark. 296; 126 S.W. 842; 1910 Ark. LEXIS 424

Maxey v. Cooper

Opinion of the Court

Wood, J.,

(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.

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

Case-law data current through December 31, 2025. Source: CourtListener bulk data.