51 Ark. 218 | Ark. | 1888
' In a contest between a mortgagee and one who has acquired a right adverse to the mortgage, a description in the instrument of a given number of articles out of a larger number is no description, where the means are not given for ascertaining what is intended. Dodds v. Neel, 41 Ark., 70; Krone v. Phelps, 43 Ib., 350. But where the number specified is more than the whole number of such articles there is no other property of the same kind from which a selection is to be made and, therefore, no uncertainty in the description. Jones Chat. Mortg., sec, 659; Washington v. Love, 34 Ark., 93; Crosswell v. Allis, 25 Conn., 301; Kelly v. Reid, 57 Miss., 89; Draper v. Perkins, Ib., 277. Here the description was of eight bales of cotton of the mortgagor’s crop, when in fact his whole crop did not amount to so much. If the proof had shown that the crop amounted to more than eight bales and no particular bales had been appropriated to the mortgage, the result might have been otherwise.
Affirm.