Johnson v. Hull
Supreme Court of Arkansas
Appeal from Carroll Circuit Court in Chancery, Western District. James M. Pittman, Judge. W. C. Hull sued James Johnson in ejectment to recover possession of certain town lots, claiming title by deed from W. H. Dongan, dated October 15, 1885..
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Appeal from Carroll Circuit Court in Chancery, Western District. James M. Pittman, Judge. W. C. Hull sued James Johnson in ejectment to recover possession of certain town lots, claiming title by deed from W. H. Dongan, dated October 15, 1885.. Defendant filed an answer and cross-complaint in which he stated that, at the time of the execution of the deed from Dongan to plaintiff, defendant owed Dongan seventy-three dollars for the purchase of the lots in controversy ; that he borrowed the money of plaintiff to pay for the lots, and that by agreement the title to the lots was conveyed by Dongan…
1Opinion of the Court
1. Recourse lecurity.valia
Ma'NSFidhd, J.
The original agreement of the parties fixed no rate of interest except by stipulating that the highest legal rate should be paid for the use of the money. Under that agreement the money was advanced for the defendant, and the lots were conveyed to the plaintiff as a security for its re-payment. Thus fqr, the transaction was without any suspicion of usury, and is unquestionable in its legal consequences. It imposed upon the defendant an obligation to restore the money borrowed, with leg'al interest, and invested the plaintiff with the title to the lots…
2Cases cited8 opinions
- Humphrey v. McCauleySupreme Court of Arkansas · 1891
- Tillman v. ThatcherSupreme Court of Arkansas · 1892
- Marks v. McGeheeSupreme Court of Arkansas · 1879
- Trible v. NicholsSupreme Court of Arkansas · 1890
- Dotterer v. FreemanSupreme Court of Georgia · 1891
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- In re T. H. Bunch Co.District Court, E.D. Arkansas · 1910
- Temple v. HamiltonSupreme Court of Arkansas · 1928
- Hughes v. HoldenSupreme Court of Arkansas · 1958
- Hamner v. StarlingSupreme Court of Arkansas · 1932
- Smith v. NeeleyCourt Of Appeals Of Indian Territory · 1899
5 more not listed; retrieve them via the Exa API.