Masters v. Clark
Supreme Court of Arkansas
Appeal from Benton Chancery Court; T. H. Humphreys, Chancellor; 1. The deed and mortgage were escrows, of no effect and conveyed nothing.
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Appeal from Benton Chancery Court; T. H. Humphreys, Chancellor; 1. The deed and mortgage were escrows, of no effect and conveyed nothing. The mortgagee of a grantee in escrow takes no title. 30 Ark. 61; 7 L. R. A. (N. S.) 714. 2. The record of a deed not in the chain of title is not notice to subsequent purchasers. 76 Ark. 525. 3. Actual notice of a mortgage not recorded does not renrender a subsequent purchaser liable for the payment, nor can the lands be held for the debt. 40 Ark. 536; 33 id. 203. 1. An escrow will vest the title to land when the conditions are performed, and, if justice…
1Opinion of the CourtBattue, J.
On the fifth day of February, 1906, I. T. Kibler traded a farm, consisting of one hundred and forty-two acres, a tract of thirty acres and two lots in Gentry, all in Benton County, in this State, to J. W. Moutray for three residences and four lots in El Dorado Springs, in Missouri, and a farm of eighty acres near that place. Moutray agreed to pay Kibler two thousand dollars in addition to the real estate he was hi receive for the difference in value of property traded. The .title of Moutray to a part of the Missouri property was defective, it being held by a tax title. Kibler executed a deed…
2Cited by6 opinions
- Fine v. LasaterSupreme Court of Arkansas · 1913
- Lindsey v. HornadySupreme Court of Arkansas · 1949
- Bhagnanji D. Patel and Jyotiben B. Patel, His Wife v. James B. GannawayCourt of Appeals for the Eighth Circuit · 1984
- Garrison v. GerenSupreme Court of Arkansas · 1923
- Moore v. MoyeSupreme Court of Arkansas · 1916
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