Davis v. Shelby
Supreme Court of Arkansas
Appeal from Jefferson Chancery Court; J. M. Elliott, Chancellor; 1. Appellant is the purchaser and owner of the lands and entitled to possession. His right is not defeated by the defeasance clause in the deed because the clause is void as being repugnant to the grant. 92 Ark. 324; Kirby’s Digest, § 2745. Appellant was a bona fide purchaser under the proof.
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Appeal from Jefferson Chancery Court; J. M. Elliott, Chancellor; 1. Appellant is the purchaser and owner of the lands and entitled to possession. His right is not defeated by the defeasance clause in the deed because the clause is void as being repugnant to the grant. 92 Ark. 324; Kirby’s Digest, § 2745. Appellant was a bona fide purchaser under the proof. He paid his first note and the Levys and the Trust Company took possession of and disposed of his crop, which more than paid for the land. 2. Appellant is entitled to recover the rental value of the land from 1907 to 1918 with interest. The…
1Opinion of the CourtSmith, J.
The record in this case is a voluminous one, and many questions of fact of more or less relevancy are discussed in the elaborate briefs filed in the case. The controlling facts, however, may be summarized as follows:
On February 2,1904, Mrs. M. B. Levy owned a tract of land in Jefferson County, and on that date, by her warranty deed, in which her husband joined, conveyed this land to the appellant, Jefferson Davis, for the sum of $5,000, to be paid in eight installments of $625, the first payment to be made November 1, 1904. The cash purchase price was $3,000, but, because of the length of…
2Cases cited5 opinions
- Thompson v. WilhiteSupreme Court of Arkansas · 1917
- Baker-McGrew Co. v. Union Seed & Fertilizer Co.Supreme Court of Arkansas · 1916
- Levy v. McDonnellSupreme Court of Arkansas · 1909
- Fagan v. Stuttgart Normal InstituteSupreme Court of Arkansas · 1909
- Shields v. SmithSupreme Court of Arkansas · 1881
3Cited by2 opinions
- Peoples National Bank v. Linebarger Construction Co.Supreme Court of Arkansas · 1951
- Brownfield v. BookoutSupreme Court of Arkansas · 1921