Marchbanks v. Banks
Supreme Court of Arkansas
APPEAL from Phillips Circuit Court in Chancery. Hon. M. T. Sanders, Circuit Judge. 1. Before the Burford notes were paid by foreclosure and sale, the original suit was pending, and appellant thus had full notice of appellee’s claim.
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APPEAL from Phillips Circuit Court in Chancery. Hon. M. T. Sanders, Circuit Judge. 1. Before the Burford notes were paid by foreclosure and sale, the original suit was pending, and appellant thus had full notice of appellee’s claim. To claim the benefit of a bona fide purchaser without notice for value, it is necessary to aver that the vendor was seized in fee and in possession, should state consideration, and deny notice previous to and down to the time of paying the money and delivery of the deed. (29 Ark., 568; 27 lb., 102.) The appellant succeeded to no better rights than Burford had, by…
1Opinion of the CourtEakin, J.
This appeal brings back a branch of the case of Banks et al. v. Green et al., reported in 35 Ark., p. 84, to which report reference is made for further explanation of the nature'of the controversy.
On the remand of the cause the bill was amended, and all proper parties seem to have been brought in. It was also shown that J. 0. Green, the second husband of Mrs. T arborough (incorrectly named in the former report as P. C. Green) had left a will upon his death in 1875. He thereby devised to his second wife, Alicia N. Green, one-half of all his real estate; and the other half to his two grand…
2Cited by3 opinions
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- Oil Fields Corporation v. DashkoSupreme Court of Arkansas · 1927
- Bowling v. StoughSupreme Court of Arkansas · 1911