Trible v. Nichols
Supreme Court of Arkansas
APPEAL from Hempstead Circuit Court in Chancery. W. S. Eakin, Special Judge. Plaintiff Nichols brought unlawful detainer against Trible for the possession of a tract of land, relying upon a deed from Oglesby, who held a deed from defendant.
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APPEAL from Hempstead Circuit Court in Chancery. W. S. Eakin, Special Judge. Plaintiff Nichols brought unlawful detainer against Trible for the possession of a tract of land, relying upon a deed from Oglesby, who held a deed from defendant. Defendant filed an answer and cross-complaint, which alleged that he conveyed the land to Oglesby to secure a valid indebtedness of $250; that, being unable to pay Oglesby, he borrowed $300 from plaintiff, agreeing to pay therefor interest at the rate of 25 per cent per annum, and procured Oglesby to execute and deliver to plaintiff as security a deed…
1Opinion of the CourtCockrill, C. J.
Triblé borrowed money from Oglesby, and, to secure the loan, executed to him a deed absolute in form to the land in question. Subsequently, at Trible’s request, Oglesby executed a deed to the same land to Nichols. We think the chancellor was amply sustained by the proof in the finding that the consideration for the deed from Oglesby to Nichols was a usurious loan of money from Nichols to Trible, the deed being intended as security therefor. A part of the loan was applied by Nichols, at the request of Trible, in paying off Trible’s debt to Oglesby; the residue was paid to Trible. The…
2Cases cited4 opinions
- Patterson v. . BirdsallNew York Court of Appeals · 1876
- Gerwig v. . SitterlyNew York Court of Appeals · 1874
- Baldwin v. . MoffettNew York Court of Appeals · 1883
- Perkins v. . HallNew York Court of Appeals · 1887
3Cited by5 opinions
- Warford v. HankinsIndiana Supreme Court · 1898
- Johnson v. HullSupreme Court of Arkansas · 1893
- City National Bank v. RiggsSupreme Court of Arkansas · 1934
- Jones v. TindallSupreme Court of Arkansas · 1950
- Sager v. SteinbrennerSupreme Court of Arkansas · 1911