Krow & Neumann v. Bernard
Supreme Court of Arkansas
Appeal from Phillips Chancery Court; A. L. Hutch-ins, Chancellor; 1. Fraud will not be presumed. The only thing in relation to the foreclosure sale to Bush that would indicate fraud is the circumstance that he sold to 'Bernard on the same day that he bought the land.
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Appeal from Phillips Chancery Court; A. L. Hutch-ins, Chancellor; 1. Fraud will not be presumed. The only thing in relation to the foreclosure sale to Bush that would indicate fraud is the circumstance that he sold to 'Bernard on the same day that he bought the land. But a circumstance negativing the idea of fraud is the fact that appellees waited fourteen years before bringing suit, all persons with, actual knowledge of the transactions having died in the meantime. 135 Ark. 240. The fact that a lawyer skilled in examining titles, examined and approved this title only a few months after the…
1Opinion of the CourtWood, J.
This suit involves the title to fifty-three acres of land in Phillips County, Arkansas. On the 3rd of March, 1899, Mrs. M. M. Bernard purchased from one Joseph S; Miller the land in controversy. On the 19th of March, 1903, Mrs. M. M. Bernard and her husband, J. D. Bernard, executed and delivered a deed to the land in controversy to C. N. Biscoe, trustee named therein, for the use and benefit of F. F. Kitchens, to secure the payment of $550, evidenced by two promissory notes bearing interest at the rate of 10 per cent, per annum from date until paid. On the 1st of February, 1905, the deed of…
2Cases cited11 opinions
- Gaines v. SummersSupreme Court of Arkansas · 1887
- Kessinger v. WilsonSupreme Court of Arkansas · 1890
- White v. MoffettSupreme Court of Arkansas · 1913
- Abbott v. ParkerSupreme Court of Arkansas · 1912
- Bland v. FleemanSupreme Court of Arkansas · 1893
6 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Hart v. WimberlySupreme Court of Arkansas · 1927
- Jordan v. Bank of MorriltonSupreme Court of Arkansas · 1925
- Naill v. KirbySupreme Court of Arkansas · 1924
- Pierson v. BillSupreme Court of Florida · 1938
- Woods v. WrightSupreme Court of Arkansas · 1973
7 more not listed; retrieve them via the Exa API.