Patton v. Adkins
Supreme Court of Arkansas
APPEAL from Pulaski Circuit Court, lion. E. T. Vaughan, Circuit Judge. 1. Appellant not liable on the exception in the granting clause of the mortgage. There was no privity of contract. The exception is in the granting clause, not in the conditions. See 83 Iowa, Iff; 51 lb., 637; 57 111., 198; 23 III., seo. No obligation to pay Adkins’ debt was imposed by Patton’s accepting a mortgage reciting another mortgage. 2. As to the verbal contract.
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APPEAL from Pulaski Circuit Court, lion. E. T. Vaughan, Circuit Judge. 1. Appellant not liable on the exception in the granting clause of the mortgage. There was no privity of contract. The exception is in the granting clause, not in the conditions. See 83 Iowa, Iff; 51 lb., 637; 57 111., 198; 23 III., seo. No obligation to pay Adkins’ debt was imposed by Patton’s accepting a mortgage reciting another mortgage. 2. As to the verbal contract. If valid, the condition was broken, for Adkins sued, and the contract ceased to be binding. Parsons on Contracts, p. 525 to 528 ; Bishop on Gont., sec.…
1Opinion of the CourtSmith, J.
Adkins sued Patton before a justice of the peace, alleging as Ms cause of action that one Reasin owed him a debt of §65, which the defendant had afterwards assumed. The plaintiff recovered judgment there, and again in the Circuit Court on appeal.
The evidence showed that the plaintiff had sold Reasin a horse for §65, and had taken his note, secured by mortgage on the crop of cotton do be raised by the debtor during the year 1881, on the Ah Hogan farm, on Bayou Meto. This mortgage was executed in January, 1881. In March following, Reasin executed to defendant a mortgage upon a certain horse and…
2Cases cited2 opinions
- Fiske v. TolmanMassachusetts Supreme Judicial Court · 1878
- Hamill v. . GillespieNew York Court of Appeals · 1872
3Cited by14 opinions
- United States v. United Shoe Machinery Co.District Court, E.D. Missouri · 1916
- Felker v. RiceSupreme Court of Arkansas · 1913
- Cox v. ButtsSupreme Court of Oklahoma · 1915
- In re BlountDistrict Court, E.D. Arkansas · 1906
- Interstate Land & I. Co. v. LoganSupreme Court of Alabama · 1916
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