Martin v. Schichtl
Supreme Court of Arkansas
Appeal from Faulkner Chancery Court. David W. Carrodd, Chancellor. The deed conveyed all the interest Mrs. Rice had in -the land. It was an absolute deed. She had no interest in the crops, and hence could reserve no interest in or lien upon them. The reservation cannot be called a mortgage, for Schichtl would have to execute the mortgage; he would have to convey to her. But if it was a mortgage, it must have been recorded, to be good against strangers.
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Appeal from Faulkner Chancery Court. David W. Carrodd, Chancellor. The deed conveyed all the interest Mrs. Rice had in -the land. It was an absolute deed. She had no interest in the crops, and hence could reserve no interest in or lien upon them. The reservation cannot be called a mortgage, for Schichtl would have to execute the mortgage; he would have to convey to her. But if it was a mortgage, it must have been recorded, to be good against strangers. Actual notice is not sufficient. 9 Ark. 112; 35 Ark. 365; lb. 67; 32 id. 458. A landlords lien can not be reserved to secure purchase money.…
1Opinion of the CourtBaTTEE, J.
On the 24th of January, 1890, Mrs. Elizabeth W. Rice bargained and sold certain land to’ John N. Schichtl at and for the price and sum of $800,. and received from him his five promissory notes for the purchase money, each for the sum of $160, payable respectively on the 1st day of November, in the years 1890,. 1891, 1892, 1893, and 1894, and bearing ten per cent, per annum interest from date until paid. She and her husband, on the same day, conveyed the land to Schichtl,. and in the deed stated the consideration, described the notes, and reserved a lieu on the lands and all the crops produced…
2Cases cited11 opinions
- Flagg v. MannU.S. Circuit Court for the District of Massachusetts · 1837
- Quertermous v. HatfieldSupreme Court of Arkansas · 1890
- Stephens v. ShannonSupreme Court of Arkansas · 1884
- Apperson & Co. v. W. E. & C. L. MooreSupreme Court of Arkansas · 1875
- Bell v. PeltSupreme Court of Arkansas · 1888
6 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Cox v. SmithSupreme Court of Arkansas · 1910
- Sturdivant v. McCorleySupreme Court of Arkansas · 1907
- Ward v. StarkSupreme Court of Arkansas · 1909
- Shapard v. MixonSupreme Court of Arkansas · 1916
- Priddy & Chambers v. SmithSupreme Court of Arkansas · 1912
12 more not listed; retrieve them via the Exa API.