{ "id": 1903697, "name": "Price v. Skillern", "name_abbreviation": "Price v. Skillern", "decision_date": "1895-01-05", "docket_number": "", "first_page": "112", "last_page": "114", "citations": [ { "type": "official", "cite": "60 Ark. 112" } ], "court": { "name_abbreviation": "Ark.", "id": 8808, "name": "Arkansas Supreme Court" }, "jurisdiction": { "id": 34, "name_long": "Arkansas", "name": "Ark." }, "cites_to": [ { "cite": "52 Ark. 164", "category": "reporters:state", "reporter": "Ark.", "case_ids": [ 1913324 ], "opinion_index": -1, "case_paths": [ "/ark/52/0164-01" ] }, { "cite": "49 Ark. 431", "category": "reporters:state", "reporter": "Ark.", "pin_cites": [ { "page": "433" } ], "opinion_index": -1 }, { "cite": "40 Ark. 431", "category": "reporters:state", "reporter": "Ark.", "case_ids": [ 1897049 ], "opinion_index": 0, "case_paths": [ "/ark/40/0431-01" ] } ], "analysis": { "cardinality": 237, "char_count": 4168, "ocr_confidence": 0.572, "pagerank": { "raw": 2.428118543214184e-07, "percentile": 0.8017291741719305 }, "sha256": "60241fb3de51b53e8e627c4043d78bbd0bb6d0828ff5b43babc70988382c2ea4", "simhash": "1:b2748f4e22014f74", "word_count": 720 }, "last_updated": "2023-07-14T20:00:53.045035+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [ "Hughes and Riddick, JJ., did not sit in this case." ], "parties": [ "Price v. Skillern." ], "opinions": [ { "text": "Battle, J.\nA statute of this State provides that \u201cwhenever any mortgage or conveyance intended to operate as a mortgage of personal property, or any deed of trust upon personal property, shall be filed with any recorder in this State, upon which is indorsed the following words : \u2018This instrument is to be filed, but not recorded,\u2019 and which indorsement is signed by the mortgagee, his agent or attorney, the said instrument when so received shall be marked \u2018Filed\u2019 by the recorder, with the time of filing upon the back of said instrument; and he shall file the same in his office, and it shall be a lien upon the property therein described from the time of filing, and the same shall be kept there for the inspection of all persons interested.\u201d Sand. & H. Dig. sec. 5102.\nThe instrument in question was a deed executed by G. B. Jones, in which he conveyed certain personal property to J. F. Price, in trust to secure an indebtedness to Pruitt Bros., amounting to the sum of $81.67. It was duly acknowledged, and filed with the recorder of White county, in his office, with the following indorsement made thereon by Pruitt Bros.: \u201cThis is to be filed. Pruitt Bros.\u201d The recorder indorsed it as follows: \u201cThis instrument was filed on the 31st day of August, A. D. 1892. J. M. Reynolds, Clerk.\u201d The sufficiency of the indorsement made by Pruitt Bros, is questioned.\nThe object of the indorsement required by the statute is to direct the recorder to file, but to not record at length. To accomplish this object, it would be unreasonable to suppose that the legislature intended that the use of .no words except those prescribed by the statute should be sufficient. In State v. Smith, 40 Ark. 431, an indorsement in the words, \u201cTo be filed but not recorded,\u201d was held to be a sufficient compliance with the statute. The effect of this decision, if followed, is to make any indorsement of the import of that required by the statute sufficient; for the statutory formula cannot be essential when an indorsement in different words, but to the same effect, accomplishes the purpose of the statute.\nAn indorsement of the words, \u201cTo be filed,\u201d made by a mortgagee on a mortgage or deed of trust, and signed by him, at the time he files it with the recorder, is, under the statutes of this State, reasonably susceptible only of one construction. A mortgage can be filed for only two purposes: for record, and to be \u201ckept\u201d without record \u201cfor the inspection of all persons interested.\u201d When filed for record, no indorsement by the mortgagee is required or necessary. In the absence of express directions, the inference and presumption are, it it was filed for record. But it can be legally filed for the other purpose only when an indorsement in substantial compliance with the statute is made. An indorsement, therefore, of the words, \u201cTo be filed,\u201d made and signed by the mortgagee, read in the light of the statute, can have but one meaning, and that is, the mortgage shall be kept by the recorder, without record, for the inspection of all parties concerned. It, obviously, could not have been made for any other purpose. The recorder in this case so understood it, and acted accordingly. The indorsement was a sufficient compliance with the statute.\nReversed and remanded for a new trial.\nHughes and Riddick, JJ., did not sit in this case.", "type": "majority", "author": "Battle, J." } ], "attorneys": [ "/. W. House for appellant.", "J. N. Cypert for appellee." ], "corrections": "", "head_matter": "Price v. Skillern.\nOpinion delivered January 5, 1895.\nChattel mortgage \u2014 Filing\u2014Sufficiency of indorsement.\nThe indorsement on a chattel mortgage of the words, \u201cThis is to be filed,\u201d is a sufficient compliance with Sand. & H. Dig. sec. 5102, providing that where a chattel mortgage has indorsed thereon, \u201cThis instrument is to be filed but not recorded,\u201d it shall be a lien on the property from the time of filing.\nAppeal from White Circuit Court.\nGrant Green, Jr., Judge.\n/. W. House for appellant.\nThe indorsement is a substantial compliance with the statute. Mansf. Dig. sec. 4750; Acts 1893, p. 156 ; 49 Ark. 431, 433. It is not necessary that the precise language of the statute be used. 52 Ark. 164.\nJ. N. Cypert for appellee.\nThe indorsement was not a substantial compliance with the statute. Sand. & H. Dig. secs. 5102, 5107." }, "file_name": "0112-01", "first_page_order": 128, "last_page_order": 130 }