Tenny v. Porter
Supreme Court of Arkansas
Appeal from St. Francis Circuit Court in Chancery. Matthew T. Sanders, Judge. 1. In 36 Ark. 591, 606, this court expressed an. opinion regarding the construction of the writing called the assignment, but it was clearly obiter dictum. It does not bind appellants, and, with all deference, the views expressed therein were erroneous.
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Appeal from St. Francis Circuit Court in Chancery. Matthew T. Sanders, Judge. 1. In 36 Ark. 591, 606, this court expressed an. opinion regarding the construction of the writing called the assignment, but it was clearly obiter dictum. It does not bind appellants, and, with all deference, the views expressed therein were erroneous. A power to sell, coupled with an interest in the thing to be sold, survives the grantor; otherwise, where the interest is in the proceeds only of the thing. To constitute a power coupled with an interest, the interest must be in the subject matter, not in that which…
1Opinion of the CourtBaTTEE, J.
This is the second time this action has beeq, in this court on appeal. It appears the first time as Porter, Taylor & Co. v. Hanson, 36 Ark. 591.
J. M. Narrow brought an action in the St. Nrancis circuit court against John Parham to foreclose a vendor’s lien on certain lands, and obtained a decree against him for $6,037, which was declared a lien on the lands, and they were sold by a commissioner of the court, and purchased by Narrow at the price of $4,800. The court confirmed- the sale, but postponed the execution of the deed, holding that Parham was entitled to one year in which to redeem.
Narr…
2Cases cited4 opinions
- Pickett v. Merchants' National BankSupreme Court of Arkansas · 1877
- Duke v. StateSupreme Court of Arkansas · 1892
- Porter, Taylor & Co. v. HansonSupreme Court of Arkansas · 1880
- Phelps v. JacksonSupreme Court of Arkansas · 1876
3Cited by9 opinions
- Cooper v. Cherokee Village Development Co.Supreme Court of Arkansas · 1963
- Smith v. ClarkSupreme Court of Arkansas · 1952
- Lawler v. LawlerSupreme Court of Arkansas · 1913
- Midland Savings & Loan Co. v. SolomonSupreme Court of Kansas · 1905
- Sawyer v. DicksonSupreme Court of Arkansas · 1898
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