Shenoy v. Phipps
Supreme Court of Arkansas
Appeal from Garland Chancery Court; G. Floyd Iluff, Special Chancellor; STATEMENT OP PACTS. Bachel Shenoy and Mollie Jackson brought this suit in equity against Harold H. Phipps to foreclose a lien.for the unpaid purchase price of the east half of lot 11, block 70, in the city of Hot Springs, Garland County, Arkansas. Phipps• defended on the ground that he was bona fide purchaser of the property for value, and that the purchase price had been paid.
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Appeal from Garland Chancery Court; G. Floyd Iluff, Special Chancellor; STATEMENT OP PACTS. Bachel Shenoy and Mollie Jackson brought this suit in equity against Harold H. Phipps to foreclose a lien.for the unpaid purchase price of the east half of lot 11, block 70, in the city of Hot Springs, Garland County, Arkansas. Phipps• defended on the ground that he was bona fide purchaser of the property for value, and that the purchase price had been paid. Caroline Jones died owning the property and left surviving her four children, viz.: Mollie Jackson, Elmira Jackson, Hannah Norman, and Bachel…
1Opinion of the CourtHast, J.
(after stating'the facts). We think the chancellor was warranted in holding that Phipps was a bona fide purchaser for value without notice. Phipps’ testimony to the effect that he paid full value for the property to Major Pemberton is undisputed. He also testified that he purchased the property without any notice whatever of the claim of the plaintiffs that a part of the purchase price from the chancery sale in the partition proceedings remained unpaid. It is true that his testimony on this point is disputed by that of D. W. Carr. The general rule is when a party relies upon the defense of…
2Cases cited3 opinions
- White v. MoffettSupreme Court of Arkansas · 1913
- Jones v. AinellSupreme Court of Arkansas · 1916
- Western Union Telegraph Co. v. HanleySupreme Court of Arkansas · 1908
3Cited by3 opinions
- Cline v. PlylyCourt of Appeals of Tennessee · 1926
- Crook v. RiderSupreme Court of Arkansas · 1922
- O. L. Gregory Vinegar Co. v. National Fruit Canning Co.Supreme Court of Arkansas · 1927