{
  "id": 1362297,
  "name": "Norman v. S. L. Joseph Mercantile Company",
  "name_abbreviation": "Norman v. S. L. Joseph Mercantile Co.",
  "decision_date": "1922-04-10",
  "docket_number": "",
  "first_page": "127",
  "last_page": "128",
  "citations": [
    {
      "type": "official",
      "cite": "153 Ark. 127"
    }
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  "court": {
    "name_abbreviation": "Ark.",
    "id": 8808,
    "name": "Arkansas Supreme Court"
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    {
      "cite": "43 Ark. 350",
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      "cite": "23 Ark. 744",
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      "cite": "51 Ark. 414",
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    {
      "cite": "48 Ark. 293",
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      "weight": 2,
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    {
      "cite": "41 Ark. 70",
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  "analysis": {
    "cardinality": 208,
    "char_count": 2927,
    "ocr_confidence": 0.469,
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  "last_updated": "2023-07-14T21:27:20.767094+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Norman v. S. L. Joseph Mercantile Company."
    ],
    "opinions": [
      {
        "text": "Woon, J.\nOne W. C. Rasberry executed to appellant a mortgage in which the property mortgaged was described as \u201csix acres of cotton grown on the John Moore lease.\u201d Rasberry and one John Moore owned an undivided one-half interest on cotton that was grown on twelve acres of land designated as the \u201cJohn Moore lease.\u201d The S. L. Joseph Mercantile Company, a corporation, and Bertig Bros., a partnership, purchased of Rasberry cotton owned by Rasberry that was grown on the John Moore lease. They purchased the cotton after the appellant had told them that he had a mortgage on Rasberry\u2019s cotton. The appellant instituted separate actions against the appellees to recover of them respectively the' amounts paid by them to Easberry for the cotton. The causes were consolidated for trial, and by consent of parties were tried by the court sitting as a jury. The court, upon the facts, rendered judgment in favor of the appellees, from which is this appeal.\nThe mortgage was void because of uncertainty in the description. It furnishes no. data by which it can be ascertained what particular six acres of cotton grown on the John Moore lease of twelve acres was intended. \u201cA mortgage covering crops growing on a certain number of acres in a larger tract, without specifying the particular part intended, is void for uncertainty. \u2019 \u2019 11 Cor. Jur. 470; Dodds v. Neal, 41 Ark. 70; Krone & Co. v. Phelps, 43 Ark. 350.\nAs between the appellant and the appellees, the latter only had to take notice of the description in the mortgage that was on file in the office of the circuit clerk of Greene County. Krone & Co. v. Phelps, supra. The judgment is correct, and it is therefore affirmed.",
        "type": "majority",
        "author": "Woon, J."
      }
    ],
    "attorneys": [
      "Jeff Bratton, for appellant.",
      "Block S Kirsch and Fuhr & Futrell, for appellee."
    ],
    "corrections": "",
    "head_matter": "Norman v. S. L. Joseph Mercantile Company.\nOpinion delivered April 10, 1922.\n1. Mortgages \u2014 insufficiency of description. \u2014 Mortgages of cotton described as \u201c6 acres of cotton grown on the John Moore lease,\u201d which land consisted of 12 acres, held void for uncertainty of description, as it furnished no description from which it could be ascertained what particular 6 acres were intended.\n2. Mortgages \u2014 notice.\u2014Persons purchasing personal property with actual notice of a mortgage thereon take free from such mortgage where the description in the mortgage does not identify the property intended to be mortgaged, as the purchaser is required only to take notice of the description in the recorded mortgage.\nAppeal from Greene Circuit Court; D. G. Beau-champ, special judge;\naffirmed.\nJeff Bratton, for appellant.\nWhere a mortgage covers an undivided interest in a whole crop, it is not necessary that it designate the manner in which the interest .conveyed should be separated from the balance. 11 C. J. 470; 48 Ark. 293.\nThe notice was sufficient. 51 Ark. 414; 23 Ark. 744; 58 Ark. 91.\nBlock S Kirsch and Fuhr & Futrell, for appellee.\nThe description in the mortgage was void for uncertainty. 41 Ark. 70; 43 Ark. 350; 11 O. J. 470 ; 31 Am. Rep. 652."
  },
  "file_name": "0127-01",
  "first_page_order": 155,
  "last_page_order": 156
}