Thompson v. Jacoway
Supreme Court of Arkansas
Appeal from Yell Chancery Court, Dardanelle District; Jeremiah G. Wallace, Chancellor; Upon the sale of chattels for a fair price by one who is in possession, the law implies a warranty of title, and the seller is answerable to the purchaser if the chattels be taken from him by one having a better title than the seller, whether the seller knew of the defect in his title or not. 19 Ark. 460, and authorities cited.
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Appeal from Yell Chancery Court, Dardanelle District; Jeremiah G. Wallace, Chancellor; Upon the sale of chattels for a fair price by one who is in possession, the law implies a warranty of title, and the seller is answerable to the purchaser if the chattels be taken from him by one having a better title than the seller, whether the seller knew of the defect in his title or not. 19 Ark. 460, and authorities cited. Collier knew nothing of any defect in the title at the time he signed the note; he was surety only and as such entitled to have his contract strictly construed as a favored debtor.…
1Opinion of the CourtFrauenthar, J.
This w.as a suit brought by H. M. Jacoway, the plaintiff below, to recover upon a note which the defendants had executed to him and to foreclose a mortgage given to secure the payment thereof. It was alleged in the complaint that both defendants had executed the note sued on, and that the defendant Thompson had executed the mortgage to secure the payment thereof upon certain real and personal property, which was therein described. It was also alleged that in the mortgage it was provided that all the property therein described should be sold and the proceeds thereof applied upon the debt…
2Cases cited10 opinions
- Ogden v. OgdenSupreme Court of Arkansas · 1894
- Choctaw, Oklahoma & Gulf Railroad v. DoughtySupreme Court of Arkansas · 1905
- Pindall v. TrevorSupreme Court of Arkansas · 1875
- Davis v. HareSupreme Court of Arkansas · 1877
- Hynson v. DunnSupreme Court of Arkansas · 1844
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3Cited by1 opinion
- United States ex rel. Stayton v. PaschallDistrict Court, E.D. Arkansas · 1925