BRYAN v. EASTON TIRE CO.

No. 77-146.

561 S.W.2d 79 (1978)

Joe C. BRYAN et ux., Appellants, v. EASTON TIRE COMPANY et al., Appellees.

Supreme Court of Arkansas, In Banc.

February 6, 1978.


Attorney(s) appearing for the Case

Walker, Campbell, McCorkindale & Young by Robert W. McCorkindale II, Harrison, for appellants.

Pinson & Reeves by Jerry D. Pinson, Harrison for appellees.


HICKMAN, Justice.

The Boone County Circuit Court held that a writ of garnishment was a superior claim to a prior unrecorded assignment of a second mortgage. fl] We find the trial court's decision correct although its reasoning incorrect. The note, which was secured by the second mortgage, was not assigned, or at least there was no evidence of an assignment. Therefore, the garnishment took priority over an assignment only of a mortgage without the accompanying note...

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