J. H. Magill Lumber Co. v. Lane-White Lumber Co.
Supreme Court of Arkansas
Appeal from Yell Chancery Court; Jeremiah G. Wallace, Chancellor; The fact that the mortgagor executes a conveyance without exacting a covenant from the grantee to pay the mortgage is strong evidence that it was not intended by the parties that the grantee should be thus bound. 4 Sandf. 516; 29 Barb. 532. A witness should relate the conversation and permit the court or jury to determine what was meant to be conveyed. 62 Ark. 510; 66 Id. 494; 85 Id. 64. The acceptance of a…
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Appeal from Yell Chancery Court; Jeremiah G. Wallace, Chancellor; The fact that the mortgagor executes a conveyance without exacting a covenant from the grantee to pay the mortgage is strong evidence that it was not intended by the parties that the grantee should be thus bound. 4 Sandf. 516; 29 Barb. 532. A witness should relate the conversation and permit the court or jury to determine what was meant to be conveyed. 62 Ark. 510; 66 Id. 494; 85 Id. 64. The acceptance of a deed subject to a specified mortgage does not imply a promise on the part of the grantee to pay the mortgage debt. 42 Ark.…
1Opinion of the CourtMcCulloch, C. J.
T. E. Dollahan, one of the appellees herein, owned a sawmill outfit, including machinery, buildings on leased lands, tram-road and tram-cars and a lot of lumber and logs on yard, and sold it to one J. H. Magill as agent for a principal who was undisclosed in the bill of sale, but who is alleged to to the appellant, J. H. Magill Rumber Company, a corporation.
The sale was evidenced by a written bill of sale as follows: “Know all men by these presents: That I, T. E. Dollahan, of Ola, Arkansas, for and in consideration of the sum of one dollar and other considerations paid to me by J. H. Magill,…
2Cases cited8 opinions
- Ætna Fire Insurance v. TylerCourt for the Trial of Impeachments and Correction of Errors · 1836
- Kelly v. CarterSupreme Court of Arkansas · 1891
- St. Louis & North Arkansas Railroad v. CrandellSupreme Court of Arkansas · 1905
- Vaugine v. TaylorSupreme Court of Arkansas · 1856
- Greer v. LawsSupreme Court of Arkansas · 1892
3 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Cox v. SmithSupreme Court of Arkansas · 1911
- Felker v. RiceSupreme Court of Arkansas · 1913
- Fuller v. McCallum & Robinson, Inc.Court of Appeals of Tennessee · 1937
- Hardage v. DurrettSupreme Court of Arkansas · 1913
- Sims v. BestSupreme Court of Arkansas · 1919
27 more not listed; retrieve them via the Exa API.