British & American Mortgage Company v. Scott
| Decision Date | 07 December 1901 |
| Citation | 65 S.W. 936,70 Ark. 230 |
| Parties | BRITISH & AMERICAN MORTGAGE COMPANY v. SCOTT |
| Court | Arkansas Supreme Court |
Appeal from Clark Circuit Court, JOEL D. CONWAY, Judge.
Reversed.
Judgment reversed and cause remanded.
Rose & Coleman, for appellant.
The intention of the parties was clearly that the machinery should pass with and as the real estate; and under the circumstances it was a fixture. 56 Ark. 56; 63 Ark. 625; 65 Ark. 23.
BUNN C. J.
This is an action of replevin brought by the appellant company against appellee Scott to recover the possession of an engine, boiler, grist mill, gin, feeder and condenser, and belts and pulleys attached, all alleged to be attached to land of appellant and wrongfully removed by Scott. Judgment for defendant, and plaintiff appealed to this court.
In 1885, J. H. Scott, the appellee, owned certain lands in Clark county, this state. Upon this land Scott had built a gin and mill, and in said year mortgaged the same to A. R. Shattuck as trustee for the benefit of W. F. Mullen, from whom he had borrowed money, to secure the payment of which he executed the mortgage aforesaid.
On March 5, 1886, Mullen assigned the deed of trust for value to the appellant company, and Albert Crow was afterwards substituted as trustee in the place of Shattuck, and he, on the 22d of July, 1893, made a foreclosure sale of the property, and the appellant company became the purchaser, and received its deed as such on the same day; and on the same day it made its deed to Scott, with reservation of lien, and Scott, having purchased on a credit, gave his second deed of trust to the company on the same property to secure the purchase money.
On the 29th December, 1889, for the purpose of securing the payment of an $ 800 note of same date, given for said sum of money claimed to be owing to Mrs. Mary K Trotter, Scott executed and delivered to John Sanders, as trustee, his other deed of trust, in which he conveyed for that purpose his incoming crop of cotton and corn and a large amount of live stock and other property, among which was included one "engine and all fixtures thereunto pertaining; also all the right and title that I possess in (2) cotton gin and sawmill, also one boiler." On the 22d January, 1894, Scott gave a bill of sale to Mrs. Harris, heir at law of Mrs. Trotter, who appears to have died in the meantime, selling to her, among other things, ...
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