Satterfield v. Loupe

• Court: Arkansas Supreme Court
• Writing for the Court: MCCULLOCH, C. J.
• Citation: Satterfield v. Loupe, 254 S.W. 489, 160 Ark. 226 (Ark. 1923)
• Decision Date: 01 October 1923
• Docket Number: 135
• Parties: SATTERFIELD v. LOUPE

254 S.W. 489

160 Ark. 226

SATTERFIELD v. LOUPE

No. 135

Supreme Court of Arkansas

October 1, 1923

Appeal from Yell Circuit Court, Dardanelle District; A. B. Priddy Judge; affirmed.

Judgment affirmed.

Herbert C. Scott, for appellant.

The lien of a warehouseman for storage of mortgaged property is inferior to the claim of the mortgagee. 7 Cyc. 39. The lien of the warehouseman and the mortgagee are common-law liens and the senior one prevails. 7 Cyc. 40. Where the bailee has a common-law lien, it is subordinate to a lien created by a properly recorded mortgage. 5 Cyc. 198.

No brief for appellee:

OPINION

MCCULLOCH, C. J.

Appellant instituted this action to recover possession of a lot of potatoes, the title and right of possession to which was claimed under a mortgage. It is alleged that the potatoes were wrongfully withheld from appellant by appellee (defendant below), and recovery of damages was also prayed for the detention.

Appellee answered, denying appellant's allegations of ownership and right of possession, and alleging that the potatoes had been stored in appellee's warehouse by the grower and owner thereof, and that appellee had a lien for storage charges.

The cause was tried, by consent, before the court sitting as a jury, and judgment was in favor of the appellee, from which an appeal has been prosecuted.

The record entry of the judgment recites that the cause was heard upon the testimony of witnesses, but there appears in the transcript an agreed statement of facts, upon which counsel for appellant say the case was heard. There is no bill of exceptions in the record, and the agreement concerning the facts can only be brought upon the record by a bill of exceptions or by incorporation into the judgment entry. The mere filing of the agreed statement of facts does...