Legal Opinion

Cole v. Mette

Supreme Court of Arkansas

Decided October 8, 1898PublishedCited by 8 opinions

Appeal from Greene Circuit Court in Chancery. Felix G. Taylor, Judge. A deed made to a partnership, the title of which expresses the name of no person, vests no title. 36 Ark. 456; 1 Dev. Deeds, § 208. Amendment of this defect after ejectment brought by the partnership does not support the action. 36 Ark. 456; 59 Ark. 391; 52 Ark. 411. Further than this, the deed was unavailing, because it was never acknowledged in its amended form.

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Appeal from Greene Circuit Court in Chancery. Felix G. Taylor, Judge. A deed made to a partnership, the title of which expresses the name of no person, vests no title. 36 Ark. 456; 1 Dev. Deeds, § 208. Amendment of this defect after ejectment brought by the partnership does not support the action. 36 Ark. 456; 59 Ark. 391; 52 Ark. 411. Further than this, the deed was unavailing, because it was never acknowledged in its amended form. It was not entitled to record, hence its execution should have been proved at the trial. Sand. & H. Dig., § 1717; 38 .Ark. 181. It was error to transfer this…

1Opinion of the CourtRiddick, J.

The controversy in this case concerns the title to two lots in the town of Paragould, and the improvements thereon. The litigation was commenced by an action of ejectment brought by appellees, Louis Mette and George Kanne, to recover of appellants, Oole and Wall, possession of such lots. Appellant Cole was at one time the owner of the lots, and Mette & Kanne base their right to recover upon a sheriff's deed made in pursuance of a sale of such lots under an execution against Cole. On the other hand, the appellant Wall denied the validity of the title set up by appellees, and claimed to be the…

2Cases cited8 opinions

  1. Fussell v. GreggSupreme Court of the United States · 1885
  2. Percifull v. PlattSupreme Court of Arkansas · 1880
  3. Asheey v. Little RockSupreme Court of Arkansas · 1892
  4. Beaman v. WhitneySupreme Judicial Court of Maine · 1841
  5. Sherry v. GilmoreWisconsin Supreme Court · 1883

3 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Shirran v. DallasCalifornia Court of Appeal · 1913
  2. Riggin v. DierdorffSupreme Court of Arkansas · 1990
  3. Berg v. JohnsonSupreme Court of Arkansas · 1919
  4. Carpenter v. ZarbuckSupreme Court of Arkansas · 1905
  5. Ennis v. BrainerdSupreme Court of Arkansas · 1966

3 more not listed; retrieve them via the Exa API.

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