Smith v. Butler
Supreme Court of Arkansas
Appeal from Hot Spring Chancery Court. Heland Leatherman, Chancellor. One who lends another money to pay a debt, and takes his note for its payment, is not entitled to be subrogated to the rights of the creditor. 24 Am.. & Eng. Enc. Law, 283; 50 Ark. 108. Appellee was not entitled to an equitable assignment of the creditor’s right.
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Appeal from Hot Spring Chancery Court. Heland Leatherman, Chancellor. One who lends another money to pay a debt, and takes his note for its payment, is not entitled to be subrogated to the rights of the creditor. 24 Am.. & Eng. Enc. Law, 283; 50 Ark. 108. Appellee was not entitled to an equitable assignment of the creditor’s right. Sand. & H. Dig., § 490; 53 Ark. 523; 47 Ark. 293. The notes of appellant were not subject to appellee’s claim or any judgment he could obtain. 62 Ark. 398; 65 Ark. 377; 67 Ark. 133; 69 Ark. 123; 52 Ark. 101; 33 Ark. 762; 57 Ark. 242; 60 Ark. 90. The lien of a…
1Opinion of the CourtBattle, J.
H. W. Rains was indebted to H. A. Butler for goods, wares and merchandise in the sum of $121.75. He was a married man and the head of a family, and owned and resided on certain lands in this state. On the 19th day of November, 1897, he sold the lands to S. D. Newman, and received for the same $80 in cash, and three promissory notes of Newman — one for $75, due December 1, 1898; one for $74, due Dceember 1, 1899; and the other for $73, due December 1, 1900 — and by deed conveyed the lands to Newman, and reserved in the deed a lien on the lands to secure the payment of the unpaid purchase…
2Cases cited4 opinions
- Penzel v. BrookmireSupreme Court of Arkansas · 1888
- Martin v. ForemanSupreme Court of Arkansas · 1856
- Pullen v. WardSupreme Court of Arkansas · 1894
- Morris v. HamSupreme Court of Arkansas · 1886
3Cited by10 opinions
- W. B. Worthen Co. v. ThomasSupreme Court of the United States · 1934
- Rockford Trust Company v. PurtellSupreme Court of Arkansas · 1931
- Hebert v. FellheimerSupreme Court of Arkansas · 1914
- Hankins v. Merchants' & Planters' BankSupreme Court of Arkansas · 1923
- Longley v. McCannSupreme Court of Arkansas · 1909
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