Beard v. Bank of Osceola
Supreme Court of Arkansas
Appeal from Mississippi Chancery Court; Chas. D. Frierson, Chancellor; 1. There was no vendor’s lien retained in the deed; nothing to put appellants upon notice. But if a lien was retained the deed of release was sufficient to cancel and release same. Beard was an innocent purchaser for value without notice and had a right ,to rely upon the records showing satisfaction. Appellant has the greater equity.
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Appeal from Mississippi Chancery Court; Chas. D. Frierson, Chancellor; 1. There was no vendor’s lien retained in the deed; nothing to put appellants upon notice. But if a lien was retained the deed of release was sufficient to cancel and release same. Beard was an innocent purchaser for value without notice and had a right ,to rely upon the records showing satisfaction. Appellant has the greater equity. A vendor’s lien does not pass unless expressly reserved in the deed, except where the note is transferred as collateral security; and then if the lien is not reserved or does not appear on the…
1Opinion of the CourtMcCulloch, C. J.
This is an action instituted by the plaintiff, Bank of Osceola, in the chancery court of Mississippi county, Chickasawba District, to foreclose certain liens on three 40-acre tracts of land in that county described as the west half of the northwest quarter, and the southeast quarter of the northwest quarter, of section 25, township 16 north, range 11 East.
There is no dispute about the material fact's of the cáse, which are as follows: On September,2, 1909, J. W. Barron and O. R. Lilly sold and, by' warranty deed, conveyed to Ben Bunch one of said 40-aere tracts, the southeast quarter of the…
2Cases cited4 opinions
- Exchange National Bank v. CoeSupreme Court of Arkansas · 1910
- Pullen v. WardSupreme Court of Arkansas · 1894
- Driver v. LacerSupreme Court of Arkansas · 1916
- Stephens v. AnthonySupreme Court of Arkansas · 1881
3Cited by5 opinions
- Rockford Trust Company v. PurtellSupreme Court of Arkansas · 1931
- Newell Contracting Co. v. McConnellSupreme Court of Arkansas · 1923
- Hankins v. Merchants' & Planters' BankSupreme Court of Arkansas · 1923
- Agri Bank FCB v. MaxfieldSupreme Court of Arkansas · 1994
- Hemm v. GoodwinSupreme Court of Arkansas · 1927