Bell v. Pelt
Supreme Court of Arkansas
APPEAL from Columbia Circuit Court in Chancery. C. W. Smith, Judge. The notes were payable in cotton and no vendor’s lien can be enforced thereon. 37 Ark., 348. Norwas Pelt the vendor at all and hence could have no lien. No lien was reserved in the deed in favor of the vendor even, and certainly the assignee of the notes had none. Gantt’s Dig., sec. 174 and cases cited. The substitution of a new note with the recital that it was for purchase money, gave no lien.
Read the full summary
APPEAL from Columbia Circuit Court in Chancery. C. W. Smith, Judge. The notes were payable in cotton and no vendor’s lien can be enforced thereon. 37 Ark., 348. Norwas Pelt the vendor at all and hence could have no lien. No lien was reserved in the deed in favor of the vendor even, and certainly the assignee of the notes had none. Gantt’s Dig., sec. 174 and cases cited. The substitution of a new note with the recital that it was for purchase money, gave no lien. The lien in this case is not the equitable vendor’s lien, but is a lien created by contract of the parties, an equitable mortgage.…
1Opinion of the CourtHemingway, J.
The record in this cause discloses about the following state •of case. On the 1st day of November, 1879, one W. W. Atkinson sold to the appellant, by warranty deed, for the consideration of nine hundred dollars, the lands in controversy. The deed recites full payment of the consideration in ■cash, but a part at least was not so paid. The appellant gave Atkinson two or more obligations for the delivery of •cotton, and it is probable that the entire consideration was to be so paid. Two of these cotton obligations were assigned by Atkinson to the appellee; the cotton was not delivered according…
2Cases cited6 opinions
- Flagg v. MannU.S. Circuit Court for the District of Massachusetts · 1837
- Daggett v. RankinCalifornia Supreme Court · 1866
- Helm v. WeaverTexas Supreme Court · 1887
- Blackburn v. TweedieSupreme Court of Missouri · 1875
- Jackson v. CarswellSupreme Court of Georgia · 1866
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Harrigan v. GilchristWisconsin Supreme Court · 1904
- Cox v. SmithSupreme Court of Arkansas · 1910
- Ward v. StarkSupreme Court of Arkansas · 1909
- Martin v. SchichtlSupreme Court of Arkansas · 1895
- Whiteley v. Central Trust Co. of New YorkCourt of Appeals for the Sixth Circuit · 1896
8 more not listed; retrieve them via the Exa API.