Jacoway v. Gault
Supreme Court of Arkansas
Appeal from the Circuit Court of Tell County in Chancery. Hon. John J. Clendenin, Circuit Judge. It is well settled that a deed defectively acknowledged cannot be admitted to record, and if such a deed be improperly admitted to registry, it is of no avail as constructive notice. Main et al. vs. Alexander, 4 Eng. 112; Blagg vs. Hunter, 15 Ark. 249; 3 Md.
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Appeal from the Circuit Court of Tell County in Chancery. Hon. John J. Clendenin, Circuit Judge. It is well settled that a deed defectively acknowledged cannot be admitted to record, and if such a deed be improperly admitted to registry, it is of no avail as constructive notice. Main et al. vs. Alexander, 4 Eng. 112; Blagg vs. Hunter, 15 Ark. 249; 3 Md. Ch. Beds. 57; 7 Geo. 432; 24 Verm. 560. There are two fatal defects to the acknowledgment of the deed by Atchison to Loupe: The grantor did not acknowledge that he signed the deed for the “ purpose and consideration therein expressed;” and…
1Opinion of the CourtChief Justice English
This was a bill to foreclose a mortgage, determined in the Yell Circuit Court.
The bill was filed by Joseph Loupe against Joseph Atchison, the mortgager, and his wife, and Benjamin J. Jacoway, a subsequent purchaser. A decree of foreclosure and sale of the mortgaged premises was rendered against Atchison and Jacoway, and the latter appealed.
The contest here is between Loupe, the mortgagee, and Jacoway.
The mortgage (upon a tract of land situated in Yell county) bears date 2d December, 1851, and is signed by Atchison and wife, Molcy J. Attached to it is the following certificate:
“ THE STATE OF…
2Cases cited5 opinions
- Hinde's Lessee v. LongworthSupreme Court of the United States · 1826
- Brock v. HeadenSupreme Court of Alabama · 1848
- Alexander v. MerrySupreme Court of Missouri · 1845
- Fipps v. M'GeheeSupreme Court of Alabama · 1837
- Blagg v. HunterSupreme Court of Arkansas · 1854
3Cited by21 opinions
- Bensimer v. FellWest Virginia Supreme Court · 1891
- Morgan v. KendrickSupreme Court of Arkansas · 1909
- Smead v. ChandlerSupreme Court of Arkansas · 1903
- Cumberland Building & Loan Ass'n v. SparksCourt of Appeals for the Eighth Circuit · 1901
- Frick Co. v. OatsSupreme Court of Oklahoma · 1908
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