Kemp v. Cossart
Supreme Court of Arkansas
APPEAL from Clark Circuit Court in Chancery. Hon. H. B. Stuart, Circuit Judge. The mortgage executed-December 2, 1867, and recorded December 12, 1867, from F. M. Caruthers to Charles Cargile, recites the fact that a deed conveying the lands in controversy had that day beén 'made from said Cargile to said F. M. Caruthers, which deed has been lost and was not recorded, but still conveyed the title to F. M. Caruthers.
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APPEAL from Clark Circuit Court in Chancery. Hon. H. B. Stuart, Circuit Judge. The mortgage executed-December 2, 1867, and recorded December 12, 1867, from F. M. Caruthers to Charles Cargile, recites the fact that a deed conveying the lands in controversy had that day beén 'made from said Cargile to said F. M. Caruthers, which deed has been lost and was not recorded, but still conveyed the title to F. M. Caruthers. Gilbert v. Bulkly, 3 Conn., 262; Strawn v. Norris, 21 Ark., 80; Neal v. Speikle, 33 Ark., 64. If A. B. bought the land for himself and took the title in his son’s name, it was to…
1Opinion of the CourtBattle, J.
On the 2d day of December, 1867, A. B. 'Caruthers, representing himself as the agent of his son, F. M. Caruthers, purchased of ^Charles Cargile, for and in the name -of his son, the land in controversy. Cargile conveyed the land to F. M. Caruthers, and he, F. M. Caruthers, gave his notes for the purchase money payable in the. future, and executed a mortgage on the land to 'Cargile to secure the payment thereof. A. B. Caruthers thereupon took possession of the land, and cleared and fenced ten acres of it and cultivated ■and controlled it for many years and until his death. As the agent of his…
2Cited by11 opinions
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