Kline v. Ragland
Supreme Court of Arkansas
APPEAL from Yell Circuit Court. Hon. B. D. Granger, Special Judge. Appellees having acknowledged in writing that the notes were given to secure purchase money are estopped from denying it. 2 Parsons Cont., 6 ed.,pp. 786 to 794 and notes; 31 Ark., 728; 30 Id., 177. The mortgage having been executed while W. M. Ragland held the title bond, and before the execution of the deed to him and wife, bound whatever interest he had, and no subsequent act could affect this security.
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APPEAL from Yell Circuit Court. Hon. B. D. Granger, Special Judge. Appellees having acknowledged in writing that the notes were given to secure purchase money are estopped from denying it. 2 Parsons Cont., 6 ed.,pp. 786 to 794 and notes; 31 Ark., 728; 30 Id., 177. The mortgage having been executed while W. M. Ragland held the title bond, and before the execution of the deed to him and wife, bound whatever interest he had, and no subsequent act could affect this security. As to the payments, three of the notes were not due when the last payment was made by Ragland. No appropriation having been…
1Opinion of the CourtCockrill, C. J.
i. Trusts:— Husband and wife: Purchase with wife's funds.
At the time the mortgage which the bill in this case seeks to foreclose was executed, the mortgagor was not 0Wner of the fee in the mortgaged premises. He had contracted by bond for title with the person who was seized of the fee to purchase the lands upon the payment of' $800. Of this sum $600 had been paid by his wife to the vendor, out of money given her by her father for the avowed purpose of purchasing a home for her and her children. It was. in pursuance of this purpose that the purchase was made and the money paid. The bond for…
2Cases cited10 opinions
- Clark v. BakerCalifornia Supreme Court · 1860
- Wales v. NewbouldMichigan Supreme Court · 1860
- Catherwood v. WatsonIndiana Supreme Court · 1879
- Cunningham v. . BellSupreme Court of North Carolina · 1880
- Keller v. KellerCourt of Appeals of Maryland · 1876
5 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Peek v. Wachovia Bank & Trust CompanySupreme Court of North Carolina · 1955
- Spradling v. SpradlingSupreme Court of Arkansas · 1911
- Brown v. BocquinSupreme Court of Arkansas · 1892
- Foster v. ThorntonSupreme Court of Florida · 1937
- Harbour v. HarbourSupreme Court of Arkansas · 1944
23 more not listed; retrieve them via the Exa API.