Newman v. Mountain Park Land Co.
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court; Edward W. Winñeld, Judge; 1. The theory upon which the court sustained the demurrer, i. e. that at the time the trespass was committed, appellant was not the legal owner, and not in actual possession of the land, was erroneous.
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Appeal from Pulaski Circuit Court; Edward W. Winñeld, Judge; 1. The theory upon which the court sustained the demurrer, i. e. that at the time the trespass was committed, appellant was not the legal owner, and not in actual possession of the land, was erroneous. The effect of the contract between the parties was to create a mortgage in favor of the vendors upon the land to secure the purchase money, subject to all the essential incidents of a mortgage. 13 Ark. 533; 27 Ark. 61; 29 Ark. 357; 34 Ark. 113; 16 Ark. 126; 14 Ark. 633; 66 Ark. 170: 2. In the absence of previous knowledge of the…
1Opinion of the CourtBattue, J.
A. L. Newman commenced an action in the Pulaski Circuit Court in which he was plaintiff and the Mountain Park Land Company and H. E. Auten were defendants. He alleged in his complaint that, on or about the 13th of April, 1904, he made and entered into a contract with the Land Company, by which it bargained and sold to him a certain lot of land at and for the price of $1,000, of which he paid the sum of $100, and for the remainder executed his notes each for the sum of forty dollars, the first payable on the 13th day of May, 1904, and the others on the 13th day of each month thereafter until…
2Cases cited6 opinions
- Ringo v. WoodruffSupreme Court of Arkansas · 1884
- Strauss v. WhiteSupreme Court of Arkansas · 1899
- Worrall v. . MunnNew York Court of Appeals · 1873
- Moyer v. ScottMichigan Supreme Court · 1874
- Price v. GreerSupreme Court of Arkansas · 1905
1 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Skendzel v. MarshallIndiana Supreme Court · 1973
- Rowe v. AllisonSupreme Court of Arkansas · 1908
- Finley v. ChainIndiana Court of Appeals · 1978
- Grooms v. BartlettSupreme Court of Arkansas · 1916
- Schmidt v. StearmanCourt of Appeals of Arkansas · 2007
15 more not listed; retrieve them via the Exa API.