Brewer v. Keeler
Supreme Court of Arkansas
APPEAL from Jefferson Circuit Court, in Chancery. Hon. X. J. Pindall, Circuit Judge. 1. "When one purchases land at execution sale under an agreement with the debtor to hold the title until the money is repaid, a trust arises. 19 Ark., 89; 20 Ih., 272 ; 81 lb., 272. 2. If a trust, and the execution defendant remains in possession, third parties are affected with notice. 33 Ark., jj,65. 3. Mere silence, when there is no obligation to speak, or acquiescence which induces no…
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APPEAL from Jefferson Circuit Court, in Chancery. Hon. X. J. Pindall, Circuit Judge. 1. "When one purchases land at execution sale under an agreement with the debtor to hold the title until the money is repaid, a trust arises. 19 Ark., 89; 20 Ih., 272 ; 81 lb., 272. 2. If a trust, and the execution defendant remains in possession, third parties are affected with notice. 33 Ark., jj,65. 3. Mere silence, when there is no obligation to speak, or acquiescence which induces no one to act, is not an estoppel. S3 Ark., 165. 4. One who purchases at judicial sale an undivided interest in land of…
1Opinion of the CourtEakiN, J.
This is a bill for partition and to quiet titles and enjoin the collection of rents with cross bills by different defendants setting up conflicting interests. The controversy regards lands which have been or now are held by members of the family and blood of Henry C. Bradford, long since deceased, although for the most part the rights of the parties are not rested upon any claim from heirs by descent. The titles have become complicated in a long course of years by trusts and conveyances, and intermarriages, and sales of undivided parts under mortgage and upon execution. The parties, as is…
2Cited by8 opinions
- Republic Production Co. v. LeeTexas Supreme Court · 1938
- Bradley Lumber Co. of Ark. v. BurbridgeSupreme Court of Arkansas · 1948
- Jackson v. ColeSupreme Court of Arkansas · 1920
- Baldridge v. CaulkSupreme Court of Oklahoma · 1924
- Cannon v. StevensSupreme Court of Arkansas · 1908
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