Legal Opinion

Rubel v. Parker

Supreme Court of Arkansas

Decided March 10, 1913PublishedCited by 7 opinions

Appeal from Lonoke Chancery Court; J. E. Martinecm, Chancellor; STATEMENT BY THE COURT. Appellee brought suit by her next friend, alleging that she was the only child of Joseph Parker, deceased. That prior to his death he purchased the quarter section of land in controversy, describing it, executed eight promissory notes for the sum of fifty dollars each, in payment therefor, and received a bond for title from the owner, Ed Bell, and was delivered possession of the land.

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Appeal from Lonoke Chancery Court; J. E. Martinecm, Chancellor; STATEMENT BY THE COURT. Appellee brought suit by her next friend, alleging that she was the only child of Joseph Parker, deceased. That prior to his death he purchased the quarter section of land in controversy, describing it, executed eight promissory notes for the sum of fifty dollars each, in payment therefor, and received a bond for title from the owner, Ed Bell, and was delivered possession of the land. That he moved on to the premises and occupied same as his homestead until his death, during which time he paid off all the…

1Opinion of the Court

Kirby, J.,

(after stating the facts). It is insisted for ■appellee that she was a minor and in the actual possession of the lands at the time of the execution of the deed of trust thereon to secure the payment of the loan to A. Rubel, and that he could not be an innocent purchaser thereof, since the law requires him to take notice of her equities therein.

It is not disputed that her father purchased the lands and went into possession thereof under bond for title from Bell; that he died in such possession, leaving appellee surviving him, still occupying the lands; neither is it disputed that…

2Cases cited8 opinions

  1. Strauss v. WhiteSupreme Court of Arkansas · 1899
  2. Hughes Bros. v. RedusSupreme Court of Arkansas · 1909
  3. Lindley v. MartindaleSupreme Court of Iowa · 1889
  4. State v. MinnehanSupreme Judicial Court of Maine · 1891
  5. Sproull v. MilesSupreme Court of Arkansas · 1907

3 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Walls v. HumphriesSupreme Court of Arkansas · 2013
  2. Ellis v. NickleSupreme Court of Arkansas · 1937
  3. Story v. GraysonSupreme Court of Arkansas · 1945
  4. Tradax America, Inc. v. First National Bank in Stuttgart (In Re Howell Enterprises, Inc.)United States Bankruptcy Court, E.D. Arkansas · 1989
  5. Woodrow v. Riverside Greyhound Club, Inc.Supreme Court of Arkansas · 1936

2 more not listed; retrieve them via the Exa API.

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