Lewis v. Dillard

No. 711
Decided Circuit Court of Appeals, Eighth Circuit
Disposition
reversed and remanded
full scope · unanimous
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Court
Circuit Court of the United States for the Eastern District of Arkansas
Decided
Judge
CALDWELL, Circuit Judge
Posture
Decree awarding fund to appellee Cochran
Defendants/Claimants (1)
Lewis et al.
W. G. Weatherford
v.
Plaintiff/Claimant (1)
Dillard et al.
John J. Hornor, E. C. Hornor
Other parties: State of Arkansas — Intervenor/Claimant, W. F. Werner — Defendant/Property Owner, Morris — Defendant, Cochran — Judgment Creditor/Claimant, Dillard & Coffin — Mortgagees

Overview

The decree of the circuit court is reversed, and the case remanded with directions to render a decree directing that the fund be paid to the claimants according to their priority of right thereto as declared in this opinion.

Case summary

This case involves competing claims to proceeds from the sale of W.F. Werner's property. Werner, a defaulting tax collector, pledged his property to C.L. Lewis as security for his bondsmen. The State of Arkansas levied a distress warrant on the property for unpaid taxes. While the constable held the property under this levy, a U.S. Marshal forcibly took it and levied an execution for a judgment creditor, Cochran. The parties agreed to sell the property, pay off a prior mortgage, and deposit the surplus in court. The circuit court awarded the fund to Cochran, but the Eighth Circuit reversed, holding that the marshal's levy was illegal, Lewis's pledge was valid and had priority, the State's rights were not prejudiced by the agreement, and the proper order of claims was: 1) Lewis as pledgee, 2) State of Arkansas, 3) Cochran.

Abstract

Competing claims arose to surplus proceeds from the sale of a defaulting tax collector's property after satisfying a prior mortgage. A pledgee, the state via a distress warrant for unpaid taxes, and a judgment creditor via a U.S. Marshal's execution asserted rights, leading to a court-determined priority favoring the pledgee first, then the state, and lastly the judgment creditor due to the marshal's levy being illegal. The lower court's award to the judgment creditor was reversed on appeal, with directions to distribute funds according to the established priority.

Opinion of the court

Majority
opinion
CALDWELL, Circuit Judgejoined by SANBORN, Circuit Judge, THAYER, Circuit Judge
  • Marshal's forcible taking of property from constable was illegal
  • Valid pledge gives pledgee superior rights to property
  • Agreement between some claimants cannot prejudice rights of non-party
  • Priority of claims: pledgee first, state second, execution creditor third

Jurisdiction

not challenged
Subject matter
Federal circuit court jurisdiction over dispute involving federal marshal's actions and state law issues
Jurisdictional facts
  • Appeal from Circuit Court of the United States for Eastern District of Arkansas
  • Fund in registry of federal court from sale of property

Procedural posture

Posture at trial
Decree awarding fund to appellee Cochran
Posture on appeal
Direct appeal from circuit court decree
Preserved issues
  • Priority of liens on property proceeds
  • Validity of marshal's levy
  • Rights of pledgee
  • Effect of agreement on non-party creditor

Legal categories

BusinessEstate Planning and Real Estate

Case record

Full case name
LEWIS et al. v. DILLARD et al.
Docket number
No. 711
Court
Circuit Court of Appeals, Eighth Circuit
Trial court
Circuit Court of the United States for the Eastern District of Arkansas
Decided
Opinion author
CALDWELL, Circuit Judge
Opinion type
published
Precedential status
precedential
Judges on panel
CALDWELL, Circuit JudgeSANBORN, Circuit JudgeTHAYER, Circuit Judge

Issues & holdings

4
Issues raised
4
reversed
4
Holdings
Standard of review

de novo

Disposition rationale

Marshal's action was illegal and gave Cochran no rights

Preservation

Issue preserved for review

Standard of review

de novo

Disposition rationale

Valid pledge gave Lewis prior right to property except for mortgagees

Preservation

Issue preserved for review

Standard of review

de novo

Disposition rationale

Agreement between other claimants could not prejudice state's rights

Preservation

Issue preserved for review

Standard of review

de novo

Disposition rationale

Established order: 1) Lewis as pledgee, 2) State of Arkansas, 3) Cochran

Preservation

Issue preserved for review

Holdings of the court

Marshal's levy on property
Marshal's forcible taking of property from constable's possession was illegal and gave Cochran no right or lien
Property was either in constable's possession under distress warrant levy or in Lewis's possession as pledgee; marshal had no right to disturb either possession
unanimousbinding precedent
Validity of Lewis's pledge
Lewis as trustee/pledgee for Werner's bondsmen had valid pledge with superior right to property proceeds
Delivery of property to agent for bondsmen created valid pledge; pledgee has right to hold pledge undisturbed until redeemed; common law protects pledged goods from execution
unanimousbinding precedent
Effect of agreement on non-party
Agreement between Cochran and Lewis could not prejudice rights of State of Arkansas
State was mentioned in agreement and could litigate rights; even if not mentioned, agreement between other claimants could not affect state's rights
unanimousbinding precedent
Priority of claims
Claims rank in order: 1) Lewis as pledgee, 2) State of Arkansas under distress warrant, 3) Cochran under execution
Pledge has priority; state's distress warrant had force of execution and was first levy; Cochran's levy was wrongful and gave no rights
unanimousbinding precedent

Error analysis

  • Circuit court finding that Cochran acquired lien through marshal's levy — legal · error foundError was not harmless as it affected distribution of fund · not harmless
  • Circuit court failing to recognize Lewis's pledge rights — legal · error foundnot harmless

Standards of review

  • Legal conclusions regarding property rights and liens — de novo Court reviews legal issues de novo

Timeline

8
Events
621
Days, incident to ruling
—
Span
factual eventcited in opinion

Cochran obtained judgment against W.F. Werner for $12,018.30

Basis for Cochran's execution and claim to property

Cochran · W.F. Werner
factual eventcited in opinion

Werner signed paper listing his assets for his bondsmen

Documentation of property later pledged

W.F. Werner
factual eventcited in opinion

Werner delivered possession of property to C.L. Lewis as trustee/pledgee for Werner's bondsmen

Created valid pledge giving Lewis superior rights to property

W.F. Werner · C.L. Lewis
procedural eventcited in opinion

Execution issued on Cochran's judgment, came into marshal's hands

Cochran's attempt to collect judgment

Cochran · U.S. Marshal trial court
procedural eventcited in opinion

Auditor of State issued distress warrant against Werner for $10,378.70 due as collector

State's claim to property through distress warrant

State of Arkansas · Constable trial court
factual eventcited in opinion

U.S. Marshal forcibly took property from constable's possession and levied Cochran's execution

Illegal action that gave Cochran no rights to property

U.S. Marshal · Constable
procedural eventcited in opinion

Cochran, Lewis, and Dillard & Coffin entered agreement for sale of property, payment of mortgage, and deposit of surplus in court

Created fund in court registry for determination of rights

Cochran · Lewis · Dillard & Coffin
filingcited in opinion

Cochran filed bill claiming fund in court registry

Initiated litigation to determine rights to fund

Cochran trial court

Facts & evidence

Incident

Location
Critenden County, Arkansas

Key facts

11 facts
  1. W.F. Werner was collector of public revenue for Critenden County, Arkansas
  2. Werner delivered possession of his property to C.L. Lewis as trustee/pledgee for Werner's bondsmen on July 28, 1893
  3. State of Arkansas issued distress warrant against Werner for $10,378.70 due as collector on August 23, 1893
  4. Constable levied distress warrant on Werner's property
  5. U.S. Marshal forcibly took property from constable on September 15, 1893 and levied Cochran's execution (judgment of $12,018.30 from March 20, 1893)
  6. Dillard & Coffin held prior chattel mortgage on all property
  7. Parties entered agreement on September 19, 1893 for sale of property, payment of mortgage, and deposit of surplus in court registry
  8. Property sold, mortgage satisfied, $2,039.77 surplus deposited in court
  9. Cochran filed bill on December 1, 1894 claiming fund based on marshal's levy
  10. Lewis claimed fund as pledgee for Werner's bondsmen
  11. State of Arkansas intervened claiming fund based on distress warrant levy

Procedural history

8 steps
  1. Cochran obtained judgment against Werner on March 20, 1893
  2. Execution issued July 29, 1893
  3. Distress warrant issued August 23, 1893
  4. Marshal's levy September 15, 1893
  5. Agreement for sale September 19, 1893
  6. Cochran filed bill December 1, 1894
  7. Circuit court decreed fund to Cochran
  8. Lewis and State of Arkansas appealed

Evidence in the record

Documentary
  • Paper signed by Werner listing his assets (July 26, 1893)
  • Distress warrant issued by state auditor (August 23, 1893)
  • Cochran's judgment (March 20, 1893)
  • Agreement for sale of property (September 19, 1893)
Challenged
  • Evidence type: Marshal's levy of execution · Challenge basis: Illegal taking of property from lawful possession · Trial court ruling: admitted · Reasoning: Circuit court found it gave Cochran rights to property · Challenged on appeal: true · Appellate outcome: reversed

Objects of relevance

21 head of mulesFarming utensils3 four-horse wagons1 buggy1 surrey2 horses25 hogs20 head of cattle1 jackass500 acres of cotton100 acres of corn

Authorities

Cited authorities (5)

92 U.S. 142
appliedprecedent
Cited for principle that rights and liens attach to proceeds of sale as they bound the property
111 U.S. 176
appliedprecedent
Cited for illegality of marshal taking property from constable's possession
95 U.S. 764
appliedprecedent
Cited for pledgee's right to hold pledge undisturbed until redemption
42 Ark. 236
appliedprecedent
Cited for Arkansas rule that mortgaged chattels cannot be seized on execution against mortgagor
60 Ark. 394
appliedprecedent
Cited for Arkansas rule that first levy establishes priority regardless of writ dates

Statutes

  • Sand. & H. Dig. Ark. §§ 6655-6664 (distress warrant provisions)

Standards & doctrines

  • Arkansas rule: first levy establishes priority regardless of writ date
  • Common law: pledged goods cannot be taken in execution against pledgor

Legal principles applied

  • First levy establishes priority under Arkansas execution law
  • Pledge valid through delivery and possession without writing
  • Property in lawful possession cannot be disturbed by other officers
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Entities and documentation
Legal actions
Action type
reversed and remanded
Target
circuit court decree awarding fund to Cochran
Appealed from
Circuit Court of the United States for the Eastern District of Arkansas
Context
The decree of the circuit court is reversed, and the case remanded with directions to that court to render a decree directing that the fund be paid to the claimants according to their priority of right thereto as declared in this opinion.
Scope
full
Further instructions
Render decree directing payment according to priority: 1) Lewis as pledgee, 2) State of Arkansas, 3) Cochran
Disposition vote
unanimous
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