Strauss v. White
Supreme Court of Arkansas
Appeal from Jefferson Chancery Court. James F. Robinson, Judge- Possession under bond for title is notice of the claim anu rights of the possessor.' 27 Ark. 63; 29 Ark. 352; 60 Ark. 90. The legal effect of such a transfer is to vest title in the purchaser, subject to the equitable mortgage right of the vendor.
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Appeal from Jefferson Chancery Court. James F. Robinson, Judge- Possession under bond for title is notice of the claim anu rights of the possessor.' 27 Ark. 63; 29 Ark. 352; 60 Ark. 90. The legal effect of such a transfer is to vest title in the purchaser, subject to the equitable mortgage right of the vendor. A mortgagee’s interest in mortgaged property is not subject to attachment or execution. 13 Ark. 534; 18 Ark. 61; 41 Ark. 285; 40 Ark. 149. But the mortgagee’s interest is. 15 Ark. 187, 188; 25 Ark. 277; 33 Ark. 230; 13 Ark. 534. Whether or not the appellee had notice, he purchased…
1Opinion of the CourtBattle, J.
Robert L. White instituted an action of ejectment against Abraham Strauss and Henry Charles, to recover the possession of a certain tract of land, which is described in his complaint. All parties claim to have acquired title to the land through Isom Jones. Plaintiff alleges that Frank Tomlin-son recovered judgment against him; that an execution was issued on the same; that the land in controversy was levied upon and sold, as,his property, under the execution, on the first day of November, 1881, to Frank Tomlinson, and was conveyed to him by the sheriff, who made the sale, on the sixth day of…
2Cases cited6 opinions
- Lewis v. BoskinsSupreme Court of Arkansas · 1871
- Holman v. Patterson's HeirsSupreme Court of Arkansas · 1874
- McConnell v. BeattieSupreme Court of Arkansas · 1879
- Taylor v. Lowenstein. & Bro.Mississippi Supreme Court · 1874
- Meadow v. WiseSupreme Court of Arkansas · 1883
1 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Skendzel v. MarshallIndiana Supreme Court · 1973
- Newman v. Mountain Park Land Co.Supreme Court of Arkansas · 1908
- Snow Bros. Hardware Co. v. EllisSupreme Court of Arkansas · 1929
- American Building & Loan Ass'n v. WarrenSupreme Court of Arkansas · 1911
- Hughes Bros. v. RedusSupreme Court of Arkansas · 1909
23 more not listed; retrieve them via the Exa API.