Starnes v. Boyd
Supreme Court of Arkansas
Appeal from Columbia Circuit Court; T. W. Hardy, Special Judge; Construing the contract in its most favorable light to the appellee, it is nothing more than a deed of trust.
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Appeal from Columbia Circuit Court; T. W. Hardy, Special Judge; Construing the contract in its most favorable light to the appellee, it is nothing more than a deed of trust. The agreement of Parker to turn over the lumber and the proceeds thereof to J. W. Boyd, authorizing him to pay F. N. Boyd the amount due him by Parker for the purchase price of the logs, and to turn the residue over to Parker, was for the purpose of securing F. N. Boyd in the collection of his" debt, or as security for his debt. Absolute conveyances are held by the courts to be mortgages where they are executed for the…
1Opinion of the CourtMcCulloch, C. J.
F. N. Boyd owned the standing timber on a certain tract of land in Columbia County, and entered into a written contract with one J. W. Parker for the sale thereof, Parker being the owner of a saw mill. The contract reads as follows:
“This contract made and entered into this the 3d day of May, 1909, by and between F. N. Boyd, party of the first part, and J. W. Parker, party of the second part: That the party of the first part has this day sold to J. W. Parker, the party of the second part, all merchantable pine timber on the following lands (here follows description of the lands) at $4.75 per…
2Cases cited6 opinions
- Triplett v. Mansur & Tebbetts Implement Co.Supreme Court of Arkansas · 1900
- McIntosh v. HillSupreme Court of Arkansas · 1886
- Faisst v. WaldoSupreme Court of Arkansas · 1893
- Andrews v. CoxSupreme Court of Arkansas · 1883
- Carroll v. WigginsSupreme Court of Arkansas · 1875
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Collier Commission Co. v. WrightSupreme Court of Arkansas · 1924
- Hachmeister v. Power Manufacturing Co.Supreme Court of Arkansas · 1924
- Murray Co. v. SatterfieldSupreme Court of Arkansas · 1916
- Planters Fertilizer & Chemical Co. v. Columbia Cotton Oil Co.Supreme Court of Arkansas · 1916
- Garner Manufacturing Co. v. Cornelius Lumber Co.Supreme Court of Arkansas · 1924
3 more not listed; retrieve them via the Exa API.