Dicken v. Simpson
Supreme Court of Arkansas
Appeal from Drew Chancery Court; Zaohariah T. Wood, Chancellor; STATEMENT BY THE COURT. F. H. Boyd owned a certain 'tract of land in Ashley County upon which he had placed a ¡mortgage to the New England Security Co., for five thousand ($5,000) dollars.
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Appeal from Drew Chancery Court; Zaohariah T. Wood, Chancellor; STATEMENT BY THE COURT. F. H. Boyd owned a certain 'tract of land in Ashley County upon which he had placed a ¡mortgage to the New England Security Co., for five thousand ($5,000) dollars. Boyd entered into a Contract with appellants fry which he executed to appellants a warranty deed to the land in consideration, that appellants would .assume the payment of the mortgage indebtedness, and pay in addition, to Boyd, the sum of one thousand, five hundred ($1,500) dollars. The appellants at the same time, executed a written…
1Opinion of the Court
Wood, J.,
(after stating the falets). (1). The Chancellor was correct in holding that the appellants were liable to the appellee for the rents of the year 1913. The deed and written contrate! were contemporaneous writings, relating to the same subject-matter, and between the same parties. They must therefore be construed together as evidencing the contract that was entered into between appellants and Boyd concerning the land. When thus -construed, it -dearly appears that the deed and written contract constituted a mortgage of the land by Boyd to appellants and not a conditional ¡sale. The…
2Cases cited6 opinions
- Fordyce Lumber Co. v. WallaceSupreme Court of Arkansas · 1907
- State v. DowdySupreme Court of Arkansas · 1908
- Banks v. WaltersSupreme Court of Arkansas · 1910
- Gibson v. MartinSupreme Court of Arkansas · 1881
- Crismon v. Kingman Plow Co.Supreme Court of Arkansas · 1913
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Kerby v. FieldSupreme Court of Arkansas · 1931
- Newport v. ChandlerSupreme Court of Arkansas · 1944
- Dawkins v. PetteysSupreme Court of Arkansas · 1915
- Harriage v. DaleySupreme Court of Arkansas · 1915
- Denham v. LackSupreme Court of Arkansas · 1940
4 more not listed; retrieve them via the Exa API.