Henry Wrape Co. v. Cox
Supreme Court of Arkansas
Appeal from White Circuit Court; J. M. Jackson, Judge; STATEMENT BY THE COURT. Henry Wrape ¡Company instituted this action in ejectment against Sarah I. Cox and F. E. Cox to recover forty acres of land in White ’County, Arkansas. The plaintiff acquired title to the land by mesne conveyances from the State of Arkansas. The immediate grantor of the plaintiff was the ¡Steeher Cooperage Works, a corporation.
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Appeal from White Circuit Court; J. M. Jackson, Judge; STATEMENT BY THE COURT. Henry Wrape ¡Company instituted this action in ejectment against Sarah I. Cox and F. E. Cox to recover forty acres of land in White ’County, Arkansas. The plaintiff acquired title to the land by mesne conveyances from the State of Arkansas. The immediate grantor of the plaintiff was the ¡Steeher Cooperage Works, a corporation. That corporation conveyed the land to the plaintiff by a quit claim deed executed on May 18, 1910. The consideration stated in the deed was $1 but the actual consideration paid was $8.50 per…
1Opinion of the CourtHart, J.
(after stating the facts.) (1) In this state a quitclaim deed is a substantive form of conveyance and a party holding under such deed may be entitled to protection as an innocent purchaser. Brown v. Nelms, 86 Ark. 368, and cases cited. See also McDonald v. Belding, 145 U. S. 492.(2) The common law and equity rule of lis pendens has been abrogated in this state by statute. ¡Since the passage of the statute a suit affecting the title or any lien on real estate is not lis pendens until a notice of the pendency of the action is filed in accordance with the statute. Steele v. Robertson, 75 Ark.…
2Cases cited5 opinions
- Brown v. NelmsSupreme Court of Arkansas · 1908
- Steele v. RobertsonSupreme Court of Arkansas · 1905
- McDonald v. BeldingSupreme Court of the United States · 1892
- Hudgins v. SchulticeSupreme Court of Arkansas · 1915
- Marchbanks v. BanksSupreme Court of Arkansas · 1884
3Cited by15 opinions
- Oil Fields Corporation v. DashkoSupreme Court of Arkansas · 1927
- Jones v. AinellSupreme Court of Arkansas · 1916
- Drummond v. BatsonSupreme Court of Arkansas · 1924
- Tisdale v. GunterSupreme Court of Arkansas · 1937
- Bell v. South Arkansas Land Co.Supreme Court of Arkansas · 1917
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