Buckner v. Street
District Court, E.D. Arkansas
In Equity. The plaintiff filed his bill to foreclose a vendor’s lien on certain lands reserved in the deed by which he eonveyed the lands to the defendant with covenant of warranty against those only “claiming or-to claim the same by, through, or under” the grantor. The defendant filed an answer and cross-bill identical in their statements. The plaintiff has demurred to the cross-bill and excepted to the answer.
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In Equity. The plaintiff filed his bill to foreclose a vendor’s lien on certain lands reserved in the deed by which he eonveyed the lands to the defendant with covenant of warranty against those only “claiming or-to claim the same by, through, or under” the grantor. The defendant filed an answer and cross-bill identical in their statements. The plaintiff has demurred to the cross-bill and excepted to the answer. The substance of the cross-bill is that the lands in question were owned many years ago by one Faulkner, who executed what is known as a “real estate bank stock mortgage” on them;…
1Opinion of the CourtCaldwell, J.
It is not alleged that the'plaintiff was guilty of any fraud, willful misrepresentation, or concealment, or that the parties made any other or different contract than that disclosed by the face of tlie deed. Nor is it alleged that the plaintiff had any other or better sources of information than the defendant, either as to the fact or the law relating to the question as to whether the stock mortgage was or not a lien on the lands. It remained on the public records unsatisfied. The defendant knew this. He knew all that could be learned about the facts of the transaction by consulting those…
2Cases cited4 opinions
- Smith v. RichardsSupreme Court of the United States · 1839
- Birnie v. MainSupreme Court of Arkansas · 1874
- Hill v. BushSupreme Court of Arkansas · 1858
- Chesterman v. GardnerNew York Court of Chancery · 1820
3Cited by3 opinions
- Central Life Assurance Society v. ImpelmansWashington Supreme Court · 1942
- Kentucky River Coal Corp. v. Swift Coal & Timber Co.Court of Appeals of Kentucky (pre-1976) · 1927
- Northern Ohio Traction & Light Co. v. Quaker Oats Co.Ohio Supreme Court · 1926