Missouri Pacific Railroad v. Frost
Supreme Court of Arkansas
Appeal from Pope Chancery Court; Jordcm Sellers, Chancellor; The court erred in overruling the demurrer. The land belonged to the plaintiffs, and it is immaterial wffiat rent they received or what they might have received. Interest was charged at the highest contract rate.
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Appeal from Pope Chancery Court; Jordcm Sellers, Chancellor; The court erred in overruling the demurrer. The land belonged to the plaintiffs, and it is immaterial wffiat rent they received or what they might have received. Interest was charged at the highest contract rate. Even if appellants were chargeable with rents at all, they should only account for rents actually received, and the court erred in its calculation of interest .on the annual credits for rent and allowed as payments on the notes; the purchaser of the land .forfeited all rights under his purchase by cutting standing timber.…
1Opinion of the CourtSmith, J.
On March 1, 1909, Gr. S. C. Frost contracted to buy, from the St. Louis, Iron Mountain & Southern Eailway Company, a forty-acre tract of land, for the sum of $280, of which one-fourth was paid in cash and the balance made payable in one, two and three years. Frost died on February 26, 1911, without having completed his payments. The Missouri Pacific Eailway Company succeeded to the interests of the St. Louis, Iron Mountain & Southern Eailway Company in these lands, and brought this suit to foreclose the vendor’s lien reserved in the contract of sale to Frost.
An administrator of the estate was…
2Cases cited2 opinions
- Stubbs v. PittsSupreme Court of Arkansas · 1907
- Greer v. TurnerSupreme Court of Arkansas · 1880
3Cited by6 opinions
- Grider v. TurnbowOregon Supreme Court · 1939
- Osburn v. LindleySupreme Court of Arkansas · 1924
- Arkansas Trust Co. v. BatesSupreme Court of Arkansas · 1933
- Zini v. First Natl. Bank in Little RockSupreme Court of Arkansas · 1957
- Edwards v. WirtzOregon Supreme Court · 1941
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