Hays v. Emerson
Supreme Court of Arkansas
Appeal from Columbia Circuit Court in Chancery. Charees W. Smith, Judge. STATEMENT BY THE COURT. >■ This was an unlawful detainer suit, brought by appellee against David Hays in the circuit court of Columbia County for recovery of possession of certain lands described.
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Appeal from Columbia Circuit Court in Chancery. Charees W. Smith, Judge. STATEMENT BY THE COURT. >■ This was an unlawful detainer suit, brought by appellee against David Hays in the circuit court of Columbia County for recovery of possession of certain lands described. Appellee alleged in the complaint that he was the owner of the lands, and on' February u, 1898, executed ..to Hays a written contract whereby he agreed to sell the land for $450 to be paid by Hays, as evidenced by his two promissory notes each for $225, due and payable on October 1, 1898, and October 1, 1S99, respectively, with…
1Opinion of the Court
McCuleoch, J.,
(after stating the facts.) The finding of the chancellor that the deed of David Hays to appellee was intended as an absolute sale and conveyance, and not as a mortgage, is sustained by a preponderance of the testimony. The deed is absolute in form, and the burden is upon appellants to show that it was given and accepted as a mortgage, and, in the absence of fraud or imposition, the proof must be clear and decisive. Williams v. Cheatham, 19 Ark. 278; Trieber v. Andrews, 31 Ark. 163; Harman v. May, 40 Ark. 146.
It is insisted, however, that, the consideration for the deed being a…
2Cases cited9 opinions
- Henley v. HotalingCalifornia Supreme Court · 1871
- Kraemer v. . AdelsbergerNew York Court of Appeals · 1890
- Adams v. PilcherSupreme Court of Alabama · 1890
- Johnson's ex'r v. ClarkSupreme Court of Arkansas · 1843
- Harman v. MaySupreme Court of Arkansas · 1882
4 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Brown v. NelmsSupreme Court of Arkansas · 1908
- American Mortgage Co. v. WilliamsSupreme Court of Arkansas · 1912
- Kerby v. FieldSupreme Court of Arkansas · 1931
- Matthews v. StevensSupreme Court of Arkansas · 1924
- Newport v. ChandlerSupreme Court of Arkansas · 1944
27 more not listed; retrieve them via the Exa API.