Naylor v. McNair
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court; Second Division; John W. Blackwood, Special Judge; 1. McNair could have defended against Mrs. Green’s suit in chancery on the ground that he was an innocent purchaser for value, and that the note was no lien as against him. As to Naylor, it was never a lien against the lot. He was not a party to the note given by Mrs. Crisman to Kissinger, nor to their contract.
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Appeal from Pulaski Circuit Court; Second Division; John W. Blackwood, Special Judge; 1. McNair could have defended against Mrs. Green’s suit in chancery on the ground that he was an innocent purchaser for value, and that the note was no lien as against him. As to Naylor, it was never a lien against the lot. He was not a party to the note given by Mrs. Crisman to Kissinger, nor to their contract. Clark on Contracts, 349; Lawson on Contracts, 422; 46 Kan. 246; 29 Mass. 554; 123 Mass. 28. McNair was bound to take notice of all incumbrances against the equitable estate in the land. 29 Ark, 650;…
1Opinion of the CourtBattle, J.
On the 15th day of September, 1903, J. C. Naylor, being the owner of a certain town lot in the city of Little Rock, in this State, sold the same to H. S. Kissinger for $1,250, of which Kissinger paid $50, and for the remainder thereof executed ninety-six notes, each for the sum of $12.50 and 8 per cent, per annum interest from date until paid, each dated September 15, 1903, one payable on the 19th day of September, 1903, and one payable on the fifteenth day of each month thereafter until paid in full. When these notes shall be paid, Naylor covenanted with Kissinger to convey to him the lot by…
2Cases cited2 opinions
- White v. Beal & Fletcher Grocer Co.Supreme Court of Arkansas · 1898
- Sanders v. BrownSupreme Court of Arkansas · 1898
3Cited by6 opinions
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- Stacy v. EdwardsSupreme Court of Arkansas · 1929
- Thompson v. HirtSupreme Court of Iowa · 1923
- Horne v. StateSupreme Court of Arkansas · 1952
- Hinkle v. PowellSupreme Court of Arkansas · 1910
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