Davis v. Spann
Supreme Court of Arkansas
Appeal from Mississippi Chancery Court, Osceola District; Edward D. Robertson, Chancellor; The timber was part of the land on which it stood (118 S. W. 1021), and cannot be conveyed except by deed in the usual form for conveying real estate. 118 S. W. 1021; 61 Mo.
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Appeal from Mississippi Chancery Court, Osceola District; Edward D. Robertson, Chancellor; The timber was part of the land on which it stood (118 S. W. 1021), and cannot be conveyed except by deed in the usual form for conveying real estate. 118 S. W. 1021; 61 Mo. App. 409; 5 Barb. 364. The power to convey is to be execute-d only in accordance with the provisions prescribed in the deed. 31 Ark. 406. A purchaser of land takes it with notice of whatever appears in his chain of title. 50 Ark 327. A special power of attorney should be strictly construed. 19 Wall. 610. Where the owner of an estate…
1Opinion of the CourtMcCulloch, C. J.
Mrs. Elizabeth Ballew, a resident of Tennessee, owned a tract of land in Mississippi County, Arkansas, and Judge Thomason, an attorney of Osceola, Arkansas, was her agent; the particular extent of his authority not being shown in this record as abstracted by counsel for appellants. Appellee Spann made an offer to Judge Thomason to purchase the timber on the land for $100, and the latter accepted the offer, subject to the approval of his principal. After submitting the offer to Mrs. Ballew and receiving her approval, Judge Thomason accepted appellee’s offer and executed to the latter a deed…
2Cases cited5 opinions
- Daniel v. GarnerSupreme Court of Arkansas · 1903
- Shorter University v. FranklinSupreme Court of Arkansas · 1905
- McCurry v. HawkinsSupreme Court of Arkansas · 1907
- Forrester-Duncan Land Co. v. EvattSupreme Court of Arkansas · 1909
- Files v. LawSupreme Court of Arkansas · 1908
3Cited by6 opinions
- Moore v. ExelbySupreme Court of Arkansas · 1926
- Battle v. DraperSupreme Court of Arkansas · 1921
- Smock v. CorpierSupreme Court of Arkansas · 1956
- Parker v. JonesSupreme Court of Arkansas · 1952
- Grant v. BurrowsSupreme Court of Arkansas · 1919
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