Kendall v. Davis
Supreme Court of Arkansas
APPEAL from Hempstead Circuit Court in chancery. Paul Jones, Special Judge. This is an action of unlawful detainer by John H. Davis against W. E. Kendall for possession of two lots in the town of Hope. The complaint charges Kendall with holding over after expiration of his term of lease, and with being in default for rents.
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APPEAL from Hempstead Circuit Court in chancery. Paul Jones, Special Judge. This is an action of unlawful detainer by John H. Davis against W. E. Kendall for possession of two lots in the town of Hope. The complaint charges Kendall with holding over after expiration of his term of lease, and with being in default for rents. Defendant denied plaintiff’s ownership, and, by way of cross-bill, alleged that plaintiff held the legal title to the land as security for a usurious loan, upon which he had made certain payments. He asked that the title be vested -in him, and that he recover the usurious…
1Opinion of the CourtHemingway, J.
The court, found, in accordance with the evidence, that the equitable title to the land was in Kendall, and that Davis’s grantor held the legal title as security for a. usurious loan. But it found that Davis was induced by Kendall to make the purchase, and we find no evidence to-support this finding. The contrary is distinctly stated by Davis, who in his deposition says that he never spoke to Kendall on that subject until after he made the purchase. He nowhere indicates that.he made the purchase in reliance upon anything done or said by Kendall, and the evidence is conclusive that he did not.…
2Cited by6 opinions
- Murphy v. Citizens' BankSupreme Court of Arkansas · 1907
- Thalheimer v. LockertSupreme Court of Arkansas · 1905
- Thompson v. Kansas City Life Ins. Co.Court of Appeals of Texas · 1937
- Ford Motor Credit Co. v. HutchersonSupreme Court of Arkansas · 1982
- Lawler v. VetteMissouri Court of Appeals · 1912
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