134 Ark. 268 | Ark. | 1918
Barnett Bros, purchased a mortgage which Joe T. Porter bad given E. M. Sligb on a mare and tbe crop of cotton and corn which Porter was growing on Sligb’s farm. Barnett Bros, brought replevin for tbe mare for tbe purpose of foreclosing this mortgage. A number of motions were filed in tbe court of tbe justice of tbe peace, and tbe proceedings there resulted in an order dismissing tbe action and ordering tbe restoration of tbe mare to Porter. Notwithstanding that order, the possession of tbe mare was not restored and Barnett Bros, applied to tbe justice of tbe peace to appoint appraisers for tbe purpose of foreclosing tbe mortgage. Tbe mare was appraised at $65 and was sold for $43. An appeal was prosecuted to the circuit court, where, upon a trial before a jury, a verdict was returned in favor of Porter for $65 as tbe value of tbe mare and for $50 as damages for tbe wrongful taking. Tbe mortgage bad been given to secure tbe payment of rent and certain goods and supplies to enable Porter to make a crop, and there was a controversy over tbe value of these supplies. Tbe testimony was sharply conflicting as to tbe credits to which Porter was entitled. These credits included tbe proceeds of some cotton, tbe value of certain bay and peanuts, and certain labor performed by Porter, tbe value of all of which, according to bis evidence, more than equaled tbe mortgage indebtedness and bad, therefore, extinguished tbe mortgage indebtedness. It would serve no useful purpose to set out this testimony, as it was legally sufficient to have supported a finding either way, and the verdict of the jury has resolved conflicts in favor of Porter.
Some other questions are raised in the brief, but they are not of sufficient importance to be discussed here.
Appellee not only asks an affirmance of the judgment of the court below, but asks us to render judgment here for the usable value of the mare since the date of the judgment below. We can not do this, because it would be the exercise of original jurisdiction to determine who had possession of this mare from the date of the judgment below and what its usable value has been. Any relief to which appellee may be entitled on this account must be obtained by a suit on the supersedeas bond. Bolling v. Fitzhugh, 82 Ark. 206; Love v. Cahn, 93 Ark. 215. Judgment affirmed.