GRIMES DRY GOODS CO. V. MALCOLM, 164 U. S. 483 (1896)

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U.S. Supreme Court

Grimes Dry Goods Co. v. Malcolm, 164 U.S. 483 (1896)

Grimes Dry Goods Company v. Malcolm

Argued and submitted October 21, 1896

Decided November 30, 1896

164 U.S. 483


In Arkansas, a conveyance of personal property of the grantor to the grantee in trust accompanied by delivery, conditioned that, as the grantor is indebted to several named persons in sums named, if he shall within a time named pay off and discharge all that indebtedness and interest, then the conveyance shall be void, otherwise the grantee is to sell the property at public sale, after advertisement, and apply the proceeds to the expenses of the trust, the payment of the debts named, in the order named, and the surplus, if any to the grantor, is, under the decisions of the Supreme Court of that state, a deed of trust in the nature of a mortgage.

The submission of special questions to the jury under the statute of Arkansas is within the discretion of the court.

What the mortgagor in such an instrument said to a third party after execution and delivery respecting his intent in executing the instrument is not admissible to affect the rights of the mortgagee.

All the evidence in the case being before this Court, and its being clear from it that the trial court would have been warranted in peremptorily instructing the jury to find for the defendant, the plaintiff suffered no injury from the refusal of the court to permit the jury to retire a second time.

The case is stated in the opinion.

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