Doak v. Smith
Supreme Court of Arkansas
Appeal from Carroll Chancery Court, Eastern District; Ben F. McMahan, Chancellor; 1. Doak was not liable because his deed contained the words, “grant, bargain and sell.” These words come within the saving clause of section 731, Kirby’s Digest, and are limited by other express words in the deed. 22 Ark. 72; 31 Id. 101; 74 Id. 348; 84 Id. 415; 98 Id. 501; 153 S. W. 101; 23 Am.
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Appeal from Carroll Chancery Court, Eastern District; Ben F. McMahan, Chancellor; 1. Doak was not liable because his deed contained the words, “grant, bargain and sell.” These words come within the saving clause of section 731, Kirby’s Digest, and are limited by other express words in the deed. 22 Ark. 72; 31 Id. 101; 74 Id. 348; 84 Id. 415; 98 Id. 501; 153 S. W. 101; 23 Am. Dec. 670. 2. If liable, Doak was only liable for the amount paid by the direct vendee, and not the remote vendee. 7 R. C. L.1178; 11 Cyc. 1170; 15 C. J. 1320. Interest should only be allowed from the date of the decree…
1Opinion of the CourtSmith, J.
The relevant facts out of which this appeal arises may be stated as follows: S. H. Creel owned a quarter section of land in Carroll County, which was purchased by appellant Doak at a sale for taxes in 1914. Doak received a clerk’s deed in 1916, and conveyed the land to one Hamilton, who conveyed 120 acres of it to one Harvison and 40 acres to one Lowery. Hamilton’s grantees each conveyed to appellee Smith. Creel filed a bill to cancel all the foregoing deeds in which all parties named above were made defendants. Appellee Smith answered and filed a cross-complaint against appellant Doak and…
2Cases cited11 opinions
- Fletcher v. LyonSupreme Court of Arkansas · 1909
- Riggin v. LoveIllinois Supreme Court · 1874
- Seldon v. Dudley E. Jones Co.Supreme Court of Arkansas · 1905
- Bagley v. FletcherSupreme Court of Arkansas · 1884
- McDill v. MeyerSupreme Court of Arkansas · 1910
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3Cited by3 opinions
- Chavis v. HillSupreme Court of Arkansas · 1949
- Abbott v. PearsonSupreme Court of Arkansas · 1975
- Carpenter v. United StatesUnited States Court of Federal Claims · 2016