Stebbins v. Clendenin
Supreme Court of Arkansas
Appeal from Marion Chancery Court; Bm F. Mc-Mahan, Chancellor; 1. It was error to sustain the demurrer. A cause of action was stated and plaintiff was entitled to the relief prayed.
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Appeal from Marion Chancery Court; Bm F. Mc-Mahan, Chancellor; 1. It was error to sustain the demurrer. A cause of action was stated and plaintiff was entitled to the relief prayed. The deed absolute in form was a mortgage and the debt had been paid. 95 Ark. 501; 130 S. W. 519; 37 L. R. A. (N. S.) 525. The deed was given to secure a debt and in equity is a mortgage. 7 Ark. 505; 18 Id. 34. The debt had been paid. 114 S. W. 709; 88 Id. 299. If a security fpr debt the deed is a mortgage. 7 Ark. 505; 5 Id. 321-340; 40 Id. 146. 2. Where a deed absolute in form is given as security for a debt and…
1Opinion of the CourtHumphreys, J.
On the 22nd day of February, 1918, appellant instituted suit against appellee in the Marion Chancery Court to divest the title to the southwest quarter of section 24, township 17 north, range 14 west, in Marion County, Arkansas, out of appellee and to vest same in appellant. It was alleged that a placer mining claim was placed upon the land in accordance with law; that appellant purchased and obtained conveyances to said real estate from the locators; that he performed the necessary work and labor entitling him to a patent; that he entered into a written contract with R. L. Berry, of…
2Cases cited1 opinion
- Shirey v. WhitlowSupreme Court of Arkansas · 1906
3Cited by4 opinions
- Fuller v. FullerSupreme Court of Arkansas · 1966
- Harris v. CollinsSupreme Court of Arkansas · 1941
- Brickey v. SullivanSupreme Court of Arkansas · 1945
- Clendenin v. StebbinsSupreme Court of Arkansas · 1920