Shorman v. Eakin
Supreme Court of Arkansas
APPEAL from Hempstead Circuit Court in Chancery. Hon. C. E. Mitchel, Circuit Judge. Appellant, in the absence of fraud, cannot contest the title nor resist the payment of the purchase money, until he surrenders the possession obtained under the sale by Burke to him. 27 Ark., 61; 38 Id., 200; Hempst., 303; 40 Ark., 420; 23 Id., 390; 24 Id., 436. The homestead entry cannot change the result.
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APPEAL from Hempstead Circuit Court in Chancery. Hon. C. E. Mitchel, Circuit Judge. Appellant, in the absence of fraud, cannot contest the title nor resist the payment of the purchase money, until he surrenders the possession obtained under the sale by Burke to him. 27 Ark., 61; 38 Id., 200; Hempst., 303; 40 Ark., 420; 23 Id., 390; 24 Id., 436. The homestead entry cannot change the result. Appellee cannot set up the defense, under Section 2296, Revised Statutes of the United States, that it is against public policy. This is a proceeding to foreclose for the purchase money in which the title…
1Opinion of the CourtBattle, J.
On the first day of March, 1878, Fleming Burke was in possession of the land in question, and sold it to John M. Eakin, on a credit, for the,sum of $666.66. Eakin executed his note to Burke for the purchase money, and Burke his bond to Eakin, thereby covenanting to convey the land in fee simple to Eakin when the note was paid, and put Eakin in possession. At this time Burke claimed the land through one John Skidmore and others, upon a swamp land grant from the State of Arkansas, and at the same time the land, according to the books of the United States Land Office, at Camden, Arl:., was…
2Cases cited5 opinions
- Galloway v. FinleySupreme Court of the United States · 1838
- Warren v. Van BruntSupreme Court of the United States · 1874
- McCue v. SmithSupreme Court of Minnesota · 1864
- Brewster v. MaddenSupreme Court of Kansas · 1875
- Dupas v. WassellU.S. Circuit Court for the District of Eastern Arkansas · 1870
3Cited by14 opinions
- Hencke v. StandifordSupreme Court of Arkansas · 1899
- Crawford County Bank v. BakerSupreme Court of Arkansas · 1910
- Armstrong v. HendersonIdaho Supreme Court · 1909
- Third National Exchange Bank v. SmithNew Mexico Supreme Court · 1912
- Gantt v. Arkansas Power & Light Co.Supreme Court of Arkansas · 1937
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