Henry v. Henry
Supreme Court of Arkansas
Appeal from Ouachita Chancery Court; J. M. Barker, Chancellor; STATEMENT OF FACTS. Appellants, W. H. Henry and his wife, brought this suit on July 16, 1918, against the widow and heirs of J. T. Henry, and alleged that a deed executed by the plaintiffs on February 14, 1912, to J. T. Henry for a recited consideration of $9,100 was intended simply to secure the payment of that sum of money, and was not intended as an absolute conveyance.
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Appeal from Ouachita Chancery Court; J. M. Barker, Chancellor; STATEMENT OF FACTS. Appellants, W. H. Henry and his wife, brought this suit on July 16, 1918, against the widow and heirs of J. T. Henry, and alleged that a deed executed by the plaintiffs on February 14, 1912, to J. T. Henry for a recited consideration of $9,100 was intended simply to secure the payment of that sum of money, and was not intended as an absolute conveyance. There was an offer to pay any sum found due under this alleged mortgage, and a prayer for its cancellation. J. T. Henry and W. H. Henry were brothers, and, in…
1Opinion of the CourtSmith, J.
(after stating the facts). The instrument was in the form of a deed; and we think was not in fact a mortgage. It secured no debt, and was not intended to do so. No relation of debtor and creditor subsisted, and it is manifest that W. H. Henry did not at any time regard himself as under obligation to repay J. T. Henry any part of the $9,100. The writing given by J. T. Henry to his brother, set out above, which, practically speaking, was a contemporaneous writing, shows that the transaction was a completed sale, subject only to the condition recited in the writing set out above. The title fully…
2Cases cited2 opinions
- Hays v. EmersonSupreme Court of Arkansas · 1905
- Snell v. WhiteSupreme Court of Arkansas · 1918
3Cited by8 opinions
- Matthews v. StevensSupreme Court of Arkansas · 1924
- Buffalo Stave & Lumber Co. v. RiceSupreme Court of Arkansas · 1933
- Colley v. Chicago & Northwestern Railway Co.Nebraska Supreme Court · 1922
- Lewis v. MillerSupreme Court of Arkansas · 1956
- Comer v. ComerSupreme Court of Arkansas · 1930
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