{
  "id": 1744760,
  "name": "Lula Mae DIXON v. ARKANSAS STATE BANK",
  "name_abbreviation": "Dixon v. Arkansas State Bank",
  "decision_date": "1983-07-18",
  "docket_number": "83-154",
  "first_page": "165",
  "last_page": "167",
  "citations": [
    {
      "type": "official",
      "cite": "280 Ark. 165"
    },
    {
      "type": "parallel",
      "cite": "655 S.W.2d 449"
    }
  ],
  "court": {
    "name_abbreviation": "Ark.",
    "id": 8808,
    "name": "Arkansas Supreme Court"
  },
  "jurisdiction": {
    "id": 34,
    "name_long": "Arkansas",
    "name": "Ark."
  },
  "cites_to": [
    {
      "cite": "227 Ark. 1045",
      "category": "reporters:state",
      "reporter": "Ark.",
      "case_ids": [
        1705517
      ],
      "weight": 2,
      "year": 1957,
      "opinion_index": 0,
      "case_paths": [
        "/ark/227/1045-01"
      ]
    }
  ],
  "analysis": {
    "cardinality": 207,
    "char_count": 2493,
    "ocr_confidence": 0.867,
    "pagerank": {
      "raw": 7.317852702137001e-08,
      "percentile": 0.4360507118368677
    },
    "sha256": "4c5bc4497ab441fb888565869939c9254ad9faaf0cf214f6e9e91541db9e9b0f",
    "simhash": "1:76102ecc36364b58",
    "word_count": 418
  },
  "last_updated": "2023-07-14T21:12:47.726191+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Lula Mae DIXON v. ARKANSAS STATE BANK"
    ],
    "opinions": [
      {
        "text": "George Rose Smith, Justice.\nOn January 15, 1981, the appellant\u2019s late husband, Odell Dixon, executed a $26,000 promissory note to the appellee bank. To secure that note Odell assigned to the bank three certificates of deposit, issued by the bank to \u201cOdell Dixon or Lula Mae Dixon or the survivor thereof\u2019 \u2019 and payable to \u201ceither of them as joint tenants and not as tenants in common.\u201d On the preceding day Odell had assigned a similar certificate of deposit to the bank to secure another note, for $16,000. Lula Mae did not sign either note. The four certificates totaled $30,000.\nOdell died on March 22, 1981. The bank then applied the money represented by the certificates to Odell\u2019s indebtedness. Lula Mae Dixon brought this action against the bank for conversion, on the theory that she and her husband owned the four certificates as tenants by the entirety and that upon his death she became the sole owner of the certificates, free of any lien created by Odell only. All the facts were stipulated. This appeal is from a judgment in favor of the bank.\nThe trial court correctly applied the statute governing such certificates of deposit. It first provides that when a certificate of deposit is payable in joint tenancy with right of survivorship, the issuing bank may pay the certificate to either of the persons during their lifetime. Ark. Stat. Ann. \u00a7 67-552 (a) (Repl. 1980). Subsection (d) then provides with respect to such a certificate that \u201ca banking institution shall pay withdrawal requests, accept pledges of the same, and otherwise deal in any manner with the . . . certificate of deposit upon the direction of any one of the persons named therein, whether the other persons named in said . . . certificate of deposit be living or not.\u201d \u00a7 67-552 (d). Hence during Odell\u2019s lifetime he could have cashed the certificates under subsection (a) of the statute or have pledged them to the bank, as he did, under subsection (d). The legislature unquestionably has the power to modify the law with regard to tenancies by the entirety as far as subsequent transactions are concerned. Brimson v. Brimson, 227 Ark. 1045, 304 S.W.2d 935 (1957). Odell\u2019s pledge of the certificates to the bank to secure his own debt was therefore valid and binding upon his widow.\nAffirmed.",
        "type": "majority",
        "author": "George Rose Smith, Justice."
      }
    ],
    "attorneys": [
      "Coffelt, Burrow \u00bfr Sawyer, by: Stephen P. Sawyer, for appellant.",
      "William R. Mayo, for appellee."
    ],
    "corrections": "",
    "head_matter": "Lula Mae DIXON v. ARKANSAS STATE BANK\n83-154\n655 S.W.2d 449\nSupreme Court of Arkansas\nOpinion delivered July 18, 1983\nCoffelt, Burrow \u00bfr Sawyer, by: Stephen P. Sawyer, for appellant.\nWilliam R. Mayo, for appellee."
  },
  "file_name": "0165-01",
  "first_page_order": 191,
  "last_page_order": 193
}