Shall v. Biscoe
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court in Chancery. 1st. Did not the Bank, if she ever had any lien upon the property in dispute, waive and lose the same by accepting the bill of exchange, with a new and additional security, inpayment of the note assigned to her and which was given for the property? Taking a note, bill or bond with a distinct security is evidence that the vendor does not repose upon the lien, but upon an independent security, and discharges the lien. 4 Kent Com.…
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Appeal from Pulaski Circuit Court in Chancery. 1st. Did not the Bank, if she ever had any lien upon the property in dispute, waive and lose the same by accepting the bill of exchange, with a new and additional security, inpayment of the note assigned to her and which was given for the property? Taking a note, bill or bond with a distinct security is evidence that the vendor does not repose upon the lien, but upon an independent security, and discharges the lien. 4 Kent Com. sec. 58, p. 153 (3 Ed.); Gilman vs. Brown, 1 Mason 214; Bagley vs. Greenlcaf, 7 Wheal. 46; Moore et al. vs. Holcombe et…
1Opinion of the CourtChief Justice English
On the 7th of July, 1849, Henry L. Biseoe and others, residuary trustees of the Real Estate Bank, filed a bill in the Pulaski Circuit Court, against Thomas W. Newton, as executor of Ebenezer Walters, deceased, John Hutt. John W. Johnston, Wm. Field, Richard C. Byrd, James Lawson, Francis Pitcher, Sackett J. Bennett, David J. Baldwin, Arthur Hays, Virginia Lemon and Ellen Lemon, alleging,’in substance, as follows:
On the 21st May, 1839, Richard G. Byrd, being the owner in fee, of lots 10,11,12, in block l,East of the Quapaw line, Pope’s addition of Little Rock, sold them to John W. Johnston and…
2Cases cited8 opinions
- Kelly v. PayneSupreme Court of Alabama · 1850
- Pinchain v. CollardTexas Supreme Court · 1855
- Johnston v. GwathmeyCourt of Appeals of Kentucky · 1823
- White v. StoverSupreme Court of Alabama · 1846
- Manly v. SlasonSupreme Court of Vermont · 1849
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3Cited by20 opinions
- Hardin v. BoydSupreme Court of the United States · 1885
- Trapnall v. BurtonSupreme Court of Arkansas · 1866
- Jarratt v. LangstonSupreme Court of Arkansas · 1911
- Mason v. StateSupreme Court of Arkansas · 2005
- Bank of Hoxie v. MeriwetherSupreme Court of Arkansas · 1924
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