Bank of Fayetteville v. Lorwein
Supreme Court of Arkansas
Appeal from Washington Chancery Court. T. H. Humphreys, Chancellor. statement by the court. On January 19, 1895, Nugent sold and conveyed to Jones a tract of land in Washington County for $500, payable in five equal annual installments evidenced by five promissory notes bearing interest. The vendor’s lien was expressly reserved in the face of the deed.
Read the full summary
Appeal from Washington Chancery Court. T. H. Humphreys, Chancellor. statement by the court. On January 19, 1895, Nugent sold and conveyed to Jones a tract of land in Washington County for $500, payable in five equal annual installments evidenced by five promissory notes bearing interest. The vendor’s lien was expressly reserved in the face of the deed. Nugent sold, indorsed and delivered the notes before maturity to Haupman, who in turn sold, indorsed and delivered them before maturity to appellee Lorwein. Lorwein brought suit in the Washington Circuit Court in chancery at the fall term,…
1Opinion of the CourtMcCueeoch, J.
There is no equity in the complaint, and the same was properly dismissed. Appellant’s contention is that the decree of July 34, 1900, during the same term of court operated as a vacation of the former decree, and that, as no preference was given in that decree, the bank must be permitted to share in the proceeds of sale. Conceding that such was the effect of the last decree, it does not follow that appellant is entitled to the relief asked? It has come into a court of equity asking the exercise of the peculiar powers of that court to grant affirmative relief, and it must “do equity.” In other…
2Cases cited7 opinions
- Columbia Finance & Trust Co. v. Kentucky Union Ry. Co.Court of Appeals for the Sixth Circuit · 1894
- Penzel v. BrookmireSupreme Court of Arkansas · 1888
- Magee v. LeggettMississippi Supreme Court · 1873
- McConnell v. BeattieSupreme Court of Arkansas · 1879
- Bartholomew v. First National BankSupreme Court of Kansas · 1897
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Imel v. CommissionerUnited States Tax Court · 1973
- Kissire v. Plunkett-Jarrell Grocer Co.Supreme Court of Arkansas · 1912
- Barton v. MatthewsSupreme Court of Arkansas · 1919
- Jones v. HarrisSupreme Court of Arkansas · 1909
- Maryland Casualty Co. v. Cleveland, Cincinnati, Chicago & St. Louis Railway Co.Indiana Court of Appeals · 1919
6 more not listed; retrieve them via the Exa API.