Hershey v. Luce
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court in Chancery, Fort Smith District. This suit grows out of the case of Stryker v. Hershey, 38 Ark. 264. In that case the court held that, in the absence of parol evidence, the two instruments therein construed imported on theirfaces a conditional sale. Upon a re-trial of the case, parol testimony was introduced to show that the instruments were intended to con- • stitute a mortgage. The trial court found that they constituted a mortgage.
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Appeal from Sebastian Circuit Court in Chancery, Fort Smith District. This suit grows out of the case of Stryker v. Hershey, 38 Ark. 264. In that case the court held that, in the absence of parol evidence, the two instruments therein construed imported on theirfaces a conditional sale. Upon a re-trial of the case, parol testimony was introduced to show that the instruments were intended to con- • stitute a mortgage. The trial court found that they constituted a mortgage. It is conceded that if this finding was correct, the judgment should be affirmed; otherwise it should be reversed. The…
1Opinion of the CourtHemingway, J.
Whether certain oral proof admitted by the court was admissible, and whether the purchaser of the legal title at execution sale took subject to secret antecedent equities, are questions that we deem it unnecessary to determine. If each were solved favorably for the appellee, the judgment could not stand if the deed and contemporaneous agreement be construed against his view of them; for it is conceded that if they constitute a conditional sale, the title is in the appellant. That these instruments upon their face alone, without proof of extrinsic facts and circumstances, disclose a…
2Cases cited1 opinion
- Stryker v. HershySupreme Court of Arkansas · 1881
3Cited by7 opinions
- Johnson v. StateSupreme Court of Arkansas · 1995
- Wilson v. WhitworthSupreme Court of Arkansas · 1939
- Hogan v. ThompsonSupreme Court of Arkansas · 1932
- Citizens Bank v. MeyerSupreme Court of Minnesota · 1921
- Land v. MaySupreme Court of Arkansas · 1904
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