Brannon v. Vaughan
Supreme Court of Arkansas
Appeal from White Circuit Court. Hance N. Hutton, Judge. STATEMENT BY THE COURT. The appellant, Thomas Brannon, sold to B. W. Vaughan a tract of land; the price to be paid in installments. Vaughan executed his notes for the payment of the purchase price, and received from Brannon a bond for title to the land.
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Appeal from White Circuit Court. Hance N. Hutton, Judge. STATEMENT BY THE COURT. The appellant, Thomas Brannon, sold to B. W. Vaughan a tract of land; the price to be paid in installments. Vaughan executed his notes for the payment of the purchase price, and received from Brannon a bond for title to the land. In this bond it was stipulated that if Vaughan failed to make either of the páyments mentioned therein, the contract to convey should “be forfeited and determined at the election of the said Thomas Brannon.” Vaughan took possession of the land under his contract to purchase, and while…
1Opinion of the Court
Biddick, J.,
(after stating the facts). So far as the house erected by A. P. Vaughan is concerned, we think the judgment of the circuit court can be sustained. If this house had been built by the grantee, B. W. Vaughan, the presumption would be that he intended it as a permanent improvement of the land, and he would not be permitted to remove it. But the house was not erected by the grantee, but by a third party under an express agreement with the grantee that it should not become a part of the real estate, and should be subject to be removed by the party erecting it. The intention is thus,…
2Cases cited1 opinion
- Choate v. KimballSupreme Court of Arkansas · 1892
3Cited by5 opinions
- Continental Gin Co. v. ClementSupreme Court of Arkansas · 1928
- Triumph Electric Co. v. PattersonCourt of Appeals for the Eighth Circuit · 1914
- Peck-Hammond Co. v. Walnut Ridge School DistrictSupreme Court of Arkansas · 1909
- Dobbins v. LacefieldCourt of Appeals of Arkansas · 1991
- In re W. O. Craig Mfg. Co.District Court, W.D. Arkansas · 1912