Johnson v. Nunnerly
Supreme Court of Arkansas
APPEAL from Chicot Circuit Court in Chancery. Hon. Henry B. Morse, Circuit Judge. The endorsement without recourse deprives the assignee of the lien, 27 Ark., 229; lb., 292; lb., 518; lb., 557; 26 lb., 617; 27 Ark., 563, and cases cited. Marlcin v. Lynman, 15 ves. (1 Lead. Ca. in Eq., 113), Adams Eq., 126 et seq. The deeds merged and destroyed the lien if one existed, and the purchasers were innocent. They will be protected. 15 Ark., 55; 18 lb., 142; 1 Lead.
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APPEAL from Chicot Circuit Court in Chancery. Hon. Henry B. Morse, Circuit Judge. The endorsement without recourse deprives the assignee of the lien, 27 Ark., 229; lb., 292; lb., 518; lb., 557; 26 lb., 617; 27 Ark., 563, and cases cited. Marlcin v. Lynman, 15 ves. (1 Lead. Ca. in Eq., 113), Adams Eq., 126 et seq. The deeds merged and destroyed the lien if one existed, and the purchasers were innocent. They will be protected. 15 Ark., 55; 18 lb., 142; 1 Lead. Ca. in Eq., 277; 2 Story’s Eq., p. 481, sec. 1,229; 7 Wheaton, 46; Scotty. Orbison, 21 Ark., 202, and cases cited above.
1Opinion of the Court
Walker, J.:
The complainant alleges that John Canan sold to Gabriel C. Johnson and James H. Mabry 968.45-100 acres of land, for the payment of which they executed to Canan four notes, each for fl,210,56J, due respectfully January 15th, 1858, 1859, 1860, and 1861, and that Canan executed to them his bond, by which he bound himself to make title to the land upon payment of the notes.
The bond was recorded December 12th, 1857.
The note due in 1861 was assigned by Canan to W. H. Allen . or order, and by Allen, without recourse on him, to complainant.
By force of these assignments complainant claims a…
2Cited by2 opinions
- Powers v. JohnsonCourt of Appeals for the Eighth Circuit · 1934
- Schearff v. DodgeSupreme Court of Arkansas · 1878