Cunningham v. Toye
Supreme Court of Arkansas
Appeal from Pulaski Chancery Court; John R. Martineau, Chancellor; statement by the court. Appellee bought of L. A. Dunn lot 4, block 1, Ferndale Addition to Eittle Rock, under a contract of sale which provided that appellee should pay for the lot the sum of $550, of which $50 was to be paid in cash and the balance in fifty notes of $10 each, payable monthly with 8 per cent, interest.
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Appeal from Pulaski Chancery Court; John R. Martineau, Chancellor; statement by the court. Appellee bought of L. A. Dunn lot 4, block 1, Ferndale Addition to Eittle Rock, under a contract of sale which provided that appellee should pay for the lot the sum of $550, of which $50 was to be paid in cash and the balance in fifty notes of $10 each, payable monthly with 8 per cent, interest. Upon payment of the purchase money Dunn agreed to convey the lot “by a good and sufficient deed.” The several notes were in form as follows: “$io.oo. Little Rock, Ark., January 29, 1908. “On or before sixty days…
1Opinion of the Court
Wood, J.,
(after stating the facts). The only question necessary to decide is whether or not appellant was an innocent purchaser fot value. Appellant testified that he purchased the notes in the ordinary course of business, giving in payment therefor an automobile worth five or six hundred dollars, that at the date of the purchase he knew nothing about Dunn’s outstanding notes for the purchase of the lot from Ratterree. He further testified that Dunn offered to sell him the lot before he sold same to Mrs. Toye, but that he wanted something on which he could realize immediately. He considered…
2Cases cited7 opinions
- J. H. Magill Lumber Co. v. Lane-White Lumber Co.Supreme Court of Arkansas · 1909
- Goerke v. RodgersSupreme Court of Arkansas · 1905
- Hinkle v. BroadwaterSupreme Court of Arkansas · 1905
- Brown v. Wyandotte & Southeastern Railway Co.Supreme Court of Arkansas · 1900
- Norman v. PughSupreme Court of Arkansas · 1905
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3Cited by7 opinions
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- Leonard v. LeonardSupreme Court of Arkansas · 1912
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