Bonner v. Kimball-Lacy Lumber Co.
Supreme Court of Arkansas
Appeal from Arkansas -Chancery Court; John M. Elliott, Chancellor; STATEMENT BY .THE COURT. Appellant sued -appellee, and alleged that appellee was -a corporation engaged in buying and selling timber; that on the 7th day of March, 1910, appellant purchased of one Dave Moody certain timber lands in Arkansas County, and appellee agreed to advance the purchase money, same being $3,500; that the deed was to be made from the said Dave Moody to appellant, and appellant agreed to…
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Appeal from Arkansas -Chancery Court; John M. Elliott, Chancellor; STATEMENT BY .THE COURT. Appellant sued -appellee, and alleged that appellee was -a corporation engaged in buying and selling timber; that on the 7th day of March, 1910, appellant purchased of one Dave Moody certain timber lands in Arkansas County, and appellee agreed to advance the purchase money, same being $3,500; that the deed was to be made from the said Dave Moody to appellant, and appellant agreed to give appellee a mortgage on said land for the purpose of securing it in advancing the purchase money; that in accordance…
1Opinion of the Court
Smith, J.,
(after stating the facts). Appellant argues that the facts alleged in his complaint are sufficient to create a trust ex maleficio; but we do- not agree with him. In the case of Bragg v. Hartney 92 Ark. 55, the following language was quoted with approval from Pomeroy’s Equity Jurisprudence, page 2038.:,!(1) “In general, whenever the legial title to prop! erty, real or personal, has been obtained through actual fraud, misrepresentations, .concealments,' or through uni due influence, duress, taking advantage of one ’>s weakness or necessities, or through any .other similar means or un*…
2Cases cited6 opinions
- Friedman v. SchleuterSupreme Court of Arkansas · 1912
- Bragg v. HartneySupreme Court of Arkansas · 1909
- Robinson v. WynneSupreme Court of Arkansas · 1911
- Tatum v. BoldingSupreme Court of Arkansas · 1910
- Salyers v. LegateSupreme Court of Arkansas · 1910
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Carnahan v. Terrall Bros.Supreme Court of Arkansas · 1919