Geren v. Caldarera
Supreme Court of Arkansas
Appeal from Sebastian Chancery Court, Fort Smith District; I. V. B our land, Chancellor; statement by the court. On the 25th day of June, 1908, G. Cctldarera conveyed by warranty deed to C. N. Geren six lots in block 518 of the Reserve Addition to the city of Fort Smith, Arkansas. The consideration was $12,000, $5,000 of which was paid in cash. The deed contained a covenant against incumbrances except a mortgage on one lot.
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Appeal from Sebastian Chancery Court, Fort Smith District; I. V. B our land, Chancellor; statement by the court. On the 25th day of June, 1908, G. Cctldarera conveyed by warranty deed to C. N. Geren six lots in block 518 of the Reserve Addition to the city of Fort Smith, Arkansas. The consideration was $12,000, $5,000 of which was paid in cash. The deed contained a covenant against incumbrances except a mortgage on one lot. This action was instituted by S. Caldarera against C. N. Geren to enforce a vendor’s lien on the lots in question for the balance of the purchase money. • The defendant…
1Opinion of the Court
Hart, J.,
(after stating the facts). There is a direct con- „ flict in the authorities as to whether the existence of an easement for a railroad right-of-way is a breach of the covenant against incumbrances in the.deed -of conveyance. Counsel have -cited the authorities bearing on the question in their respective briefs. See also 11 Cyc. pp. 1067, 1116 and 1124. We do not deem it necessary to decide that question. We hold that under the facts of -the -case at bar the defendant is estopped from -claiming that the easement of the railroad over the lots in question is an incumbrance, because…
2Cases cited1 opinion
- Soudan Planting Co. v. StevensonSupreme Court of Arkansas · 1910
3Cited by18 opinions
- American Casualty Co. v. HambletonSupreme Court of Arkansas · 1961
- McEntire v. Estate of McEntireSupreme Court of Arkansas · 1979
- Thompson v. WilhiteSupreme Court of Arkansas · 1917
- Community Bank of North Arkansas v. Tri-State PropaneCourt of Appeals of Arkansas · 2005
- Hardage v. DurrettSupreme Court of Arkansas · 1913
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