Snell v. White
Supreme Court of Arkansas
Appeal from Columbia Chancery Court; James M. Barker, Chancellor; 1. The intention of the parties must govern as to whether the instrument was a deed or mortgage. 27 Cyc. 1007; 3 Pom. Eq. 1195; 103 Ark. 493; 46 Id. 129; 88 Id. 369. , 2. The instrument was a mortgage to secure a loan, and such was the intention of the parties. There was a debt to be secured. 128 Ark. 67; Jones on Mortg., § 266; Devlin on Deeds, § 1118. See also 106 Mo. 278; 27 Cyc. 972; 3 Pom.
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Appeal from Columbia Chancery Court; James M. Barker, Chancellor; 1. The intention of the parties must govern as to whether the instrument was a deed or mortgage. 27 Cyc. 1007; 3 Pom. Eq. 1195; 103 Ark. 493; 46 Id. 129; 88 Id. 369. , 2. The instrument was a mortgage to secure a loan, and such was the intention of the parties. There was a debt to be secured. 128 Ark. 67; Jones on Mortg., § 266; Devlin on Deeds, § 1118. See also 106 Mo. 278; 27 Cyc. 972; 3 Pom. Eq. 1195; 117 Ark. 388; 117 IT. S. 681; 1 How. 118; 71 Col. 412; 85 111. App. 487; 132 N. Y. 531; 27 Cyc. 1014; 3 Pom. Eq. 1015; 21 W.…
1Opinion of the Court
HART, J.,
(after stating the facts). In Hays v. Emerson, 75 Ark. 554, the court said: “It is insisted, however, that the consideration for the deed being a preexisting debt owing by the grantor to the grantee, the contemporaneous agreement for an immediate resale of the property to the grantor on a credit for the same price, stamps the conveyance as a security for the debt merely, and not an absolute conveyance, regardless of the real intention of the parties. Such is not the law. The contemporaneous agreement for a resale and purchase does not, of itself, make the deed a mortgage. The…
2Cases cited1 opinion
- Wimberly v. ScogginSupreme Court of Arkansas · 1917
3Cited by18 opinions
- Kerby v. FieldSupreme Court of Arkansas · 1931
- Matthews v. StevensSupreme Court of Arkansas · 1924
- Clark-Mcwilliams Coal Co. v. WardSupreme Court of Arkansas · 1932
- Jefferson v. SouterSupreme Court of Arkansas · 1921
- Deloney v. DillardSupreme Court of Arkansas · 1931
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