Dickinson v. Duckworth
Supreme Court of Arkansas
Appeal from Benton Circuit Court in Chancery. STATEMENT BY THE COURT. H. L. Stroud was the owner in fee of the real estate described in the pleadings, and on March 29, 1888, conveyed the same to J. W. Duckworth for the sum of $5,200, of which $1,200 were paid cash, and the remainder was evidenced by two notes of $2,000 each, executed by the vendee, Duckworth, payable in one and two years, respectively, thereafter, bearing interest at 10 per cent, per annum, and mentioned in…
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Appeal from Benton Circuit Court in Chancery. STATEMENT BY THE COURT. H. L. Stroud was the owner in fee of the real estate described in the pleadings, and on March 29, 1888, conveyed the same to J. W. Duckworth for the sum of $5,200, of which $1,200 were paid cash, and the remainder was evidenced by two notes of $2,000 each, executed by the vendee, Duckworth, payable in one and two years, respectively, thereafter, bearing interest at 10 per cent, per annum, and mentioned in said deed. The first of said notes was paid in full. On the 19th day of December, 1891, J. W. Duckworth executed a deed…
1Opinion of the Court
McCulloch, J.,
(after stating the facts.) 1. There is nothing in the proof to sustain the contention of appellants that the debt and lien of Stroud against J. W. Duckworth was merged in the notes subsequently executed by Dickinson to Stroud. The testimony of Dickinson does not show any agreement concerning the matter, further than that he was to get a clear and unincumbered title upon the payment of his own notes aggregating a like amount as the Duckworth note. Stroud testifies that he retained the Duckworth note, and credited all amounts received on that note, as well as on the Dickinson…
2Cases cited5 opinions
- Carpentier v. BrenhamCalifornia Supreme Court · 1870
- Gower v. WinchesterSupreme Court of Iowa · 1871
- Hodgen v. GutteryIllinois Supreme Court · 1871
- Wiley, Banks & Co. v. EwingSupreme Court of Alabama · 1872
- Allen v. SwoopeSupreme Court of Arkansas · 1898
3Cited by14 opinions
- National Surety Corporation v. Inland Properties, Inc.District Court, E.D. Arkansas · 1968
- Skelly Oil Company v. JohnsonSupreme Court of Arkansas · 1946
- Livingston v. New England Mortgage Security Co.Supreme Court of Arkansas · 1906
- Clark v. LesserSupreme Court of Arkansas · 1913
- Harrison v. Bank of FordyceSupreme Court of Arkansas · 1929
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