Fry v. White
Supreme Court of Arkansas
Appeal from Pope Chancery Court; Jordan Sellers, Chancellor; 1. Appellants’ equities are superior to those of appellee and it was error to adjudge the costs against them. John W. White was not an innocent purchaser. 35 Ark. 103; 43 Id. 464;' 94 Id. 301; 97 Id. 398; 103 Id. 425; 45 Ark. Law Rep. 197; 95 Ark. 582 ; 53 Fed. 875; 58 Ark. 91. He is charged with constructive notice.
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Appeal from Pope Chancery Court; Jordan Sellers, Chancellor; 1. Appellants’ equities are superior to those of appellee and it was error to adjudge the costs against them. John W. White was not an innocent purchaser. 35 Ark. 103; 43 Id. 464;' 94 Id. 301; 97 Id. 398; 103 Id. 425; 45 Ark. Law Rep. 197; 95 Ark. 582 ; 53 Fed. 875; 58 Ark. 91. He is charged with constructive notice. Kirby’s Digest, § 762; Jones on Mortg. § 456. 2. White’s mortgage was void for uncertainty. 48 Ark. 49; 40 Id. 536; 43 Id. 353; 35 Id. 470; Pom. Eq. Jur. § 654; 1 Jones on Mortg. § 66. 3. White should pay these costs.…
1Opinion of the CourtHumphreys, J.
W. C. Fry, M. M. Fry and J. W. Fry, appellants, and J. H. Fry obligated themselves to pay R. J. Wilson $50,000, in five equal yearly instalments, balance of purchase money for 2,400 acres of land in Pope County. Parts of the lands were sold by the Frys in small tracts, subject to Wilson’s mortgage, for the purpose of partially liquidating the indebtedness to him. The unsold parts of the lands were partitioned, 480 acres to J. H. Fry and 1,200 acres to appellants, subject to the Wilson mortgage. W. C. Fry, M. M. Fry and J. W. Fry sold 800 acres of the lands apportioned to them to J. H. Fry and…
2Cases cited1 opinion
- Abbott v. ParkerSupreme Court of Arkansas · 1912
3Cited by3 opinions
- Jones v. AdkinsSupreme Court of Arkansas · 1926
- First Nat. Bank of Clarksville v. Scranton CoalSupreme Court of Arkansas · 1928
- Houston v. GriffinSupreme Court of Arkansas · 1957