52 Ark. 385 | Ark. | 1889
The appellant, Garner, and one Brown, white men, and citizens of the United States, resided in the Indian Territory. On the 19th of January, 1886, Brown there executed a mortgage to Garner, whereby he conveyed to him certain chattels, including the horse and wagon in controversy, as security for a debt.
The mortgage provided that Garner should have possession and control of the mortgaged chattels. They were accordingly delivered to him and remained in his sole possession for more than a month, when Brown borrowed them to use in hauling wood. He used them during ten days, but at night returned them to Garner’s barn. On the 9th of April following, Brown borrowed them to make a trip to Fort Smith, and .after his arrival there they were seized under an attachment against his property. Garner appeared in the attachment suit, and filed an interplea, claiming them under his mortgage. There was judgment against him on the interplea and he .appealed.
In determining the merits of his claim it is essential to know by what law the validity of the mortgage is to be determined.
As a rule, when rights arise in a particular country, they .are to be determined by the laws of that country, and the jparty who would avail himself of them should prove them.
The learned Judge of the Circuit Court held that appellant’s mortgage was void for want of filing and record. But it follows from the principles herein announced, that he was mistaken in this. If the transactions of delivery and loan were had bona fide, the mortgage should be sustained.
The judgment is reversed and the cause remanded.