St. Louis Union Trust Co. v. Chicot County Cotton-Alfalfa Farm Co.
Supreme Court of Arkansas
Appeal from Chicot Chancery Court; Zachariah T. Wood, Chancellor; 1. The chancellor erred in releasing from the hen the 800 acres claimed in the appellee’s, Hollywood Farms Co., cross-complaint, because (1) The release provision is so vague and uncertain as to be void and uninforeeable. 195 Mo. 91, 101; 32 Id. 79; 67 Cal. 43; 95 Ind. 326. (2) It should be interpreted in connection with the entire instrument, and any right to have the. land released by paying $9.00 an acre…
Read the full summary
Appeal from Chicot Chancery Court; Zachariah T. Wood, Chancellor; 1. The chancellor erred in releasing from the hen the 800 acres claimed in the appellee’s, Hollywood Farms Co., cross-complaint, because (1) The release provision is so vague and uncertain as to be void and uninforeeable. 195 Mo. 91, 101; 32 Id. 79; 67 Cal. 43; 95 Ind. 326. (2) It should be interpreted in connection with the entire instrument, and any right to have the. land released by paying $9.00 an acre was forfeited and extinguished when appellees failed to comply with the agreements on their part; they were in default and…
1Opinion of the CourtMcCulloch, C. J.
This is an action to foreclose a deed of trust executed by the Chicot County Cotton-Alfalfa Farm Company (a Missouri corporation) to B. H. McFarland, as trustee, conveying two large tracts of land in Chicot county, Arkansas, one of the tracts containing 10,200 acres and the other 5,600 acres, to secure a debt in the sum of $60,000.00, evidenced by four promissory notes executed by said defendants to the American Forest Company, a New York corporation. Said notes were transferred by the payee to the St. Louis Union Trust Co., and Broadway Bank of St. Louis, as collateral security for…
2Cases cited3 opinions
- Vawter v. CraftsSupreme Court of Minnesota · 1889
- Amalgamated Zinc & Lead Co. v. Bay State Zinc Mining Co.Supreme Court of Missouri · 1909
- Parke, Davis & Co. v. MullettSupreme Court of Missouri · 1912
3Cited by10 opinions
- Leisure Campground & Country Club Ltd. Partnership v. Leisure EstatesCourt of Appeals of Maryland · 1977
- Marshall & Ilsley Bank v. GreeneWisconsin Supreme Court · 1938
- Bailey v. InmanSupreme Court of Florida · 1932
- Michigan Trust Co. v. HerpolsheimerMichigan Supreme Court · 1932
- Creamery Package Mfg. Co. v. Cheyenne Ice Cream Co.Wyoming Supreme Court · 1940
5 more not listed; retrieve them via the Exa API.