Stryker v. Hershy
Supreme Court of Arkansas
APPEAL from Sebastian Circuit Court. Hon. J. Brizzolari, Special Judge. STATEMENT. On the second of May, 1878, Hershy filed in the Circuit •Court, at Eort Smith, his complaint in equity against ■Stryker and others, alleging in substance, that on the twenty-ninth day of January, 1867, Wood B, Eogers was entitled to the one-sixth part of the estate of his late father, John Eogers, and on that day sold and conveyed the same for $5000 paid in land, notes and money, to John B.…
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APPEAL from Sebastian Circuit Court. Hon. J. Brizzolari, Special Judge. STATEMENT. On the second of May, 1878, Hershy filed in the Circuit •Court, at Eort Smith, his complaint in equity against ■Stryker and others, alleging in substance, that on the twenty-ninth day of January, 1867, Wood B, Eogers was entitled to the one-sixth part of the estate of his late father, John Eogers, and on that day sold and conveyed the same for $5000 paid in land, notes and money, to John B. Latham, by the following deed, viz: “Know all men by these presents, that I, Wood B. Eogers, of Sebastian county, in the…
1Opinion of the CourtHarrison, J.
The only question in this case for our consideration is, whether the deed from Rogers to Latham, and the agreement between them, which, as parts of the same transaction, must be construed together, constitute a conditional sale or a mortgage; and as no extrinsic facts or circumstances have been shown, the intention of the parties by which it is to be determined is to be ascertained from the instruments alone.
If intended as a security for money, or a debt, as is contended by the appellants, the contract was a mortgage; if not, it was a conditional sale. Johnson’s Ex’r. v. Clark, 5 Ark., 321;…
2Cited by8 opinions
- Hays v. EmersonSupreme Court of Arkansas · 1905
- Newport v. ChandlerSupreme Court of Arkansas · 1944
- Sparks v. RobinsonSupreme Court of Arkansas · 1899
- Beloate v. TaylorSupreme Court of Arkansas · 1941
- Kent v. TallentSupreme Court of Oklahoma · 1919
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