Wells v. Chase
Supreme Court of Arkansas
Appeal from Marion Circuit Court in Chancery. Eebridge G. Mitcheee, Judge. The deed carried the after acquired title to the appellants. Kirby’s Dig. § 734. The deed is, in effect, not a quitclaim deed, but a special waranty deed, and is sufficient to pass title. 53 Ark. 1531 5 Ark. 693; 33 Ark. 251; 15 Ark. 73; Bisph. Eq. 218. The record of the deed was constructive notice to the world, and there could be no innocent purchasers.
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Appeal from Marion Circuit Court in Chancery. Eebridge G. Mitcheee, Judge. The deed carried the after acquired title to the appellants. Kirby’s Dig. § 734. The deed is, in effect, not a quitclaim deed, but a special waranty deed, and is sufficient to pass title. 53 Ark. 1531 5 Ark. 693; 33 Ark. 251; 15 Ark. 73; Bisph. Eq. 218. The record of the deed was constructive notice to the world, and there could be no innocent purchasers. Kirby’s Dig. § 762; 69 Ark. 442. Kirby’s Dig. § 734, has reference to the conveyance of real estate by deed, and does not apply to a mining claim, which is only a…
1Opinion of the CourtMcCukkoch, J.
This suit was brought in equity by appellants, H. Wells and Fannie A. Gray, as executrix of the last will of Chas. S. Gray, deceased, against appellees, Geo. W. Chase and Estella E. Chase, alleging that appellees had, on December 4, 1889, sold and conveyed to said H. Wells and C. S. Gray an undivided one-tenth interest in the Red Cloud Mining Claim and the Mt. Ida Mining Claim, and had thereafter acquired title to said claims from the United States, which said subsequent acquisitions, appellants say, inured to the benefit <jf Wells and Gray under said deed executed to thqm by appellees. The…
2Cases cited1 opinion
- Blanks v. CraigSupreme Court of Arkansas · 1903
3Cited by10 opinions
- Hutchison v. SheppardSupreme Court of Arkansas · 1955
- Bradley Lumber Co. of Ark. v. BurbridgeSupreme Court of Arkansas · 1948
- King v. BoothSupreme Court of Arkansas · 1910
- Holmes v. CountissSupreme Court of Arkansas · 1938
- Bunch v. JohnsonSupreme Court of Arkansas · 1919
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