Wilson v. Shocklee
Supreme Court of Arkansas
Appeal from Columbia Chancery Court; 7. M. Barker, Chancellor; STATEMENT BY THE COURT. This action was instituted by Mrs. Dannie M. Shocklee in the Columbia Chancery Court against J. B. Wilson and J. E. Farris. It was commenced in November, 1907, and its object was to enforce a vendor’s equitable lien on 226 acres of land situated in Columbia County, or to redeem from a mortgage on said lands executed in favor of the defendant, Wilson.
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Appeal from Columbia Chancery Court; 7. M. Barker, Chancellor; STATEMENT BY THE COURT. This action was instituted by Mrs. Dannie M. Shocklee in the Columbia Chancery Court against J. B. Wilson and J. E. Farris. It was commenced in November, 1907, and its object was to enforce a vendor’s equitable lien on 226 acres of land situated in Columbia County, or to redeem from a mortgage on said lands executed in favor of the defendant, Wilson. Wilson filed a separate answer, in which he interposed the defense of an innocent purchaser for value of said lands. The facts are as follows: On the 15th day…
1Opinion of the Court
Hart, J.,
(after stating the facts). “A vendor of land, who has parted with the legal title, has, in equity, a lien on the land for the unpaid purchase money, as against the vendee and his privies, including subsequent purchasers with notice.” Stephens v. Shannon, 43 Ark. 464; Osceola Land Co. v. Chicago Mill & Lbr. Co., 84 Ark. 1.
The undisputed evidence in this case shows that the plaintiff was the owner of the land when she conveyed it to Farris, and that the purchase price is due, and has not been paid. The evidence on the part of plaintiff shows that the defendant Wilson knew these facts…
2Cases cited6 opinions
- City Electric Street Railway Co. v. First National Exchange BankSupreme Court of Arkansas · 1896
- Osceola Land Co. v. Chicago Mill & Lumber Co.Supreme Court of Arkansas · 1907
- Latham v. First National BankSupreme Court of Arkansas · 1909
- Stephens v. ShannonSupreme Court of Arkansas · 1884
- McCombs v. WallSupreme Court of Arkansas · 1899
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Pierce v. FiorettiSupreme Court of Arkansas · 1919
- Graysonia-Nashville Lumber Co. v. Saline Development Co.Supreme Court of Arkansas · 1915
- Ferguson v. GuydonSupreme Court of Arkansas · 1921
- Braley v. Arkhola Sand & Gravel Co.Supreme Court of Arkansas · 1942
- Oliver Construction Co. v. ErbacherSupreme Court of Arkansas · 1921
2 more not listed; retrieve them via the Exa API.