Bazemore v. Mullins
Supreme Court of Arkansas
APPEAL from Columbia Circuit Court in Chancery. B. F. Askew, Judge. Bazemore and Harper ■ brought an action of ejectment against Payne and Bailey to recover two tracts of land. They claimed title to one of the tracts under a conveyance executed by Bailey Baker, and to the other under a deed from J. S. McWilliams.
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APPEAL from Columbia Circuit Court in Chancery. B. F. Askew, Judge. Bazemore and Harper ■ brought an action of ejectment against Payne and Bailey to recover two tracts of land. They claimed title to one of the tracts under a conveyance executed by Bailey Baker, and to the other under a deed from J. S. McWilliams. O. W. Mullins was made a party defendant, and filed a separate answer, alleging that he purchased and paid for the lands sued for, and caused his vendors to convey them to the plaintiffs by way of mortgage, to secure a loan of $2$o from the plaintiffs to him. He also alleged that the…
1Opinion of the CourtCockrill, C. J.
The conveyances which Mullins caused to be made to the appellants by way of security for his indebtedness were absolute in form. There is a conflict in the testimony as to what indebtedness they were intended to secure. Mullins’ statement that they were intended to secure only the sum of $250, which the appellants lent him in January, 1883, is not very probable, because the deed to the Baker tract was not executed until long after that indebtedness had been paid according to his theory; and he took from the appellants a bond to convey to him the other tract upon the payment of $900 in…
2Cases cited1 opinion
- Peugh v. DavisSupreme Court of the United States · 1878
3Cited by8 opinions
- Conley v. JohnsonSupreme Court of Arkansas · 1901
- Miller v. DarganSupreme Court of Arkansas · 1918
- Buck v. BransfordSupreme Court of Arkansas · 1893
- Murphy v. BookerSupreme Court of Arkansas · 1919
- Garretson v. WhiteSupreme Court of Arkansas · 1901
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