Hubbert v. Fagan
Supreme Court of Arkansas
Appeal from Pike Chancery Court; James D. Shaver, Chancellor; STATEMENT BY THE COURT. W. M. Fagan, for himself and W. C. and C. C. Hays, -bought a tract of land in Pike County from W. J. Hubbert. The agreement was made August 21, 1905, when Fagan paid Hubbert $60. The next day he gave Hubbert a check of the Hays for $940, and Hubbert delivered to him a deed for the land. The deed was executed to Fagan, and -he conveyed it on August 23, 1905, to the Hays.
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Appeal from Pike Chancery Court; James D. Shaver, Chancellor; STATEMENT BY THE COURT. W. M. Fagan, for himself and W. C. and C. C. Hays, -bought a tract of land in Pike County from W. J. Hubbert. The agreement was made August 21, 1905, when Fagan paid Hubbert $60. The next day he gave Hubbert a check of the Hays for $940, and Hubbert delivered to him a deed for the land. The deed was executed to Fagan, and -he conveyed it on August 23, 1905, to the Hays. Before the check was presented, the Plays, having heard that the Tye heirs were going to bring suit for the land, stopped the payment of the…
1Opinion of the Court
Wood, J.,
(after stating' the facts.) Appellants rely upon the doctrine announced by this court in Bennett v. Hutson, 33 Ark. 763, as follows:
“An uncompleted sale, where a deed has been executed and the consideration has not been paid, and where there is no intention of a gift or a sale on time, makes a resulting trust in favor of the vendor; not for the purchase money, but for the whole land. Equity will treat it as no sale, and hold the vendee as trustee of the dry legal title; and a purchaser from such vendee, with notice of the facts, will acquire no title.” ■
But if we concede that the $60…
2Cases cited3 opinions
- Turner v. BurkeSupreme Court of Arkansas · 1906
- Greenhaw v. CombsSupreme Court of Arkansas · 1905
- Willingham v. JordanSupreme Court of Arkansas · 1905
3Cited by8 opinions
- Lowell Perkins Agency, Inc. v. JacobsSupreme Court of Arkansas · 1971
- Centex Construction Co., Inc. v. Worth James, D/B/A Worth James Construction Co., and the Fidelity and Casualty Company of New YorkCourt of Appeals for the Eighth Circuit · 1967
- Gall v. Union Nat'l Bank of Little Rock, TrusteeSupreme Court of Arkansas · 1942
- Standard Accident Insurance Company v. WilmansDistrict Court, E.D. Arkansas · 1963
- Paul Hardeman, Inc. v. Arkansas Power & Light CompanyDistrict Court, E.D. Arkansas · 1974
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