State v. Dupuy
Supreme Court of Arkansas
APPEAL from Lee Circuit Court. M. T. Sanders, Judge. i. Deeds are to be construed so as to render them operatiye, if possible. 6 Ark., 109. Every instrument intended (as was this) as security for a debt, although absolute on its face,, will be construed to be intended as a mortgage, and parol testimony is admissible to establish the fact. 3 Ark., 321; f id., 303 ; 13 id., 112 ; 18 id., 34; 13 id., 284. Wherever there is a debt and a conveyance to secure-same, the policy of…
Read the full summary
APPEAL from Lee Circuit Court. M. T. Sanders, Judge. i. Deeds are to be construed so as to render them operatiye, if possible. 6 Ark., 109. Every instrument intended (as was this) as security for a debt, although absolute on its face,, will be construed to be intended as a mortgage, and parol testimony is admissible to establish the fact. 3 Ark., 321; f id., 303 ; 13 id., 112 ; 18 id., 34; 13 id., 284. Wherever there is a debt and a conveyance to secure-same, the policy of the law is to constitute it a mortgage. 2 Story Com., 283. The instrument was a mortgage or deed of trust in the nature…
1Opinion of the CourtSandels, J.
Suit by appellant against Sheriff and his bondsmen, for damages alleged to have been sustained in the seizure of certain goods by the Sheriff.
The only question was as to the character of an instrument of conveyance from one Foster to West.
Assignment: For benefit of creditors: Instrument constituting. The deed executed by Foster to West recited the parties, being Thomas Foster of the one part, N. Straub and Henry Lohman, and D. C. Smith of the second part, and P. C. West, as trustee for said Straub & Lohman, and D. C. Smith of the third part; described the debt due to Straub individually, the…
2Cited by7 opinions
- Appolos v. BradyCourt of Appeals for the Eighth Circuit · 1892
- H. B. Claflin Co. v. Middlesex Banking Co.U.S. Circuit Court for the District of Eastern Arkansas · 1902
- Rainwater-Boogher Hat Co. v. MalcolmCourt of Appeals for the Eighth Circuit · 1892
- Marshall v. Livingston National BankMontana Supreme Court · 1891
- Brown v. WilkesSupreme Court of Arkansas · 1922
2 more not listed; retrieve them via the Exa API.