Cramer v. Remmel
Supreme Court of Arkansas
Appeal from Arkansas Chancery Court; John M. Elliott, Chancellor; 1. Thane never had any "title to the lots. They were deeded to him as trustee and he conveyed to Remmel in his individual capacity "by a-quitclaim deed. Such a deed is always suspicious. The deed to Thane was only a mortgage, and the debt had been paid.
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Appeal from Arkansas Chancery Court; John M. Elliott, Chancellor; 1. Thane never had any "title to the lots. They were deeded to him as trustee and he conveyed to Remmel in his individual capacity "by a-quitclaim deed. Such a deed is always suspicious. The deed to Thane was only a mortgage, and the debt had been paid. Neither Thane nor the bank had anything to convey to Remmel, and the quitclaim deed conveyed nothing;' as Remmel had notice and the mortgage debt had been paid. Remmel’s only remedy was to sue Thane or the bank for the money he paid. . ^ Cramer held valid deeds from the Price…
1Opinion of the Court
HART, J.,
(after stating the facts). (1-2) In Manchester v. Goeswich, 95 Ark. 582, it was held that the essential elements of a bona fide purchase of land are three, viz: a valuable consideration, the absence of notice, and the presence of good faith.
In Moore v. Morris, 118 Ark. 516, the court held that the mere fact that there is a holding under a quitclaim deed does not defeat the claim of an innocent purchaser. The court said: “That fact is merely considered as a circumstance in determining whether or not the purchaser was in fact innocent of knowledge of any adverse claim, but the…
2Cases cited5 opinions
- Moore v. MorrisSupreme Court of Arkansas · 1915
- Henry Wrape Co. v. CoxSupreme Court of Arkansas · 1916
- Desha Bank & Trust Co. v. QuillingSupreme Court of Arkansas · 1915
- Manchester v. GoeswichSupreme Court of Arkansas · 1910
- Case v. Caddo River Lumber Co.Supreme Court of Arkansas · 1916
3Cited by5 opinions
- Wood v. LathropSupreme Court of Arkansas · 1970
- Scott v. CarnesSupreme Court of Arkansas · 1931
- Tisdale v. GunterSupreme Court of Arkansas · 1937
- Wilkins v. Jernigan, Bank CommissionerSupreme Court of Arkansas · 1938
- Jordan v. HargisSupreme Court of Arkansas · 1923