Star Lime & Zinc Mining Co. v. Arkansas National Bank
Supreme Court of Arkansas
Appeal from Searcy Chancery Court; Ben F. McMahan, Chancellor; 1. The note was not secured by a lien against the property. A cursory examination of the records would have shown that there was no such note in existence against the property and hence no lien in favor of the original holder or any bona fide transferee.
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Appeal from Searcy Chancery Court; Ben F. McMahan, Chancellor; 1. The note was not secured by a lien against the property. A cursory examination of the records would have shown that there was no such note in existence against the property and hence no lien in favor of the original holder or any bona fide transferee. There was no deed or instrument of any kind on record or in existence giving a lien for this $4,000 note against the property involved as against innocent third parties who relied on the public records of Searcy County. Appellee is not a holder of the note in due course. The note…
1Opinion of the CourtMcCulloch, C. J.
This is an action to foreclose liens on certain real estate in Searcy County, and the controversy relates to conflicting claims of priority. The tract of land in controversy is known as the Bonner Lime Kiln property and was formerly owned by S. W. Woods, of Marshall, Searcy County. Woods entered into a contract to sell the property to Willson, Nicholson and Trenthain, for the sum of $9,000, payable in installments, and later he conveyed it to Webb and Craig at the direction of the three original purchasers. Woods’ deed to Webb and Craig recited, as consideration, the purchase price of…
2Cases cited3 opinions
- Triplett v. Mansur & Tebbetts Implement Co.Supreme Court of Arkansas · 1900
- Cunningham Commission Co. v. Rauch-Darragh Grain Co.Supreme Court of Arkansas · 1911
- Daniel v. GordySupreme Court of Arkansas · 1907
3Cited by4 opinions
- Levinson v. TreadwaySupreme Court of Arkansas · 1935
- Federal Land Bk. of St. Louis v. MillerSupreme Court of Arkansas · 1931
- McLaughlin v. MorrisSupreme Court of Arkansas · 1921
- Flannagan v. Citizens' State BankSupreme Court of Arkansas · 1922