Haldiman v. Taft
Supreme Court of Arkansas
Appeal from Drew Chancery Court; Zachariah T. Wood, Chancellor; 1. The court erred in cancelling the Fred Hert mortgage.
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Appeal from Drew Chancery Court; Zachariah T. Wood, Chancellor; 1. The court erred in cancelling the Fred Hert mortgage. He, having taken the mortgage for a preexisting indebtedness and without notice of the alleged equities of the appellee, is in the position of an innocent purchaser for value without notice, and is protected. 96 Ark. 105. 2. The court was without authority to decree a partial cancellation of a deed wherein Haldiman and another were grantees as tenants in common, leaving the deed to stand unaltered as to the other grantee. Under the testimony the contract was entire and…
1Opinion of the CourtMcCulloch, C. J.
The plaintiff, C. T. Taft, owned a tract of land in Drew County, Arkansas, containing 280 acres, and on 'January 8, 1910, conveyed an undivided fourth thereof to John C. Haldiman, one of the defendants, in exchange for 24 shares, of the face value of $2,400, of the capital stock of the People’s Clothing & Shoe Company, a mercantile corporation of California, Missouri. He also paid said defendant the sum of $750 as consideration for said exchange.
On the same date he exchanged the other three-fourths interest in said land with one Reidy for other lands in the State of Missouri, paying Reidy the…
2Cases cited6 opinions
- Swift v. TysonSupreme Court of the United States · 1842
- Railroad Co. v. National BankSupreme Court of the United States · 1880
- White-Wilson-Drew Co. v. EgelhoffSupreme Court of Arkansas · 1910
- Hunt v. DavisSupreme Court of Arkansas · 1911
- Exchange National Bank v. CoeSupreme Court of Arkansas · 1910
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Miller v. MattisonSupreme Court of Arkansas · 1912
- Newell Contracting Co. v. McConnellSupreme Court of Arkansas · 1923
- Grant v. LedwidgeSupreme Court of Arkansas · 1913
- Exchange National Bank v. SteeleSupreme Court of Arkansas · 1913
- Bennett v. SemmesDistrict Court, E.D. Arkansas · 1923
2 more not listed; retrieve them via the Exa API.