Watkins v. Greer
Supreme Court of Arkansas
APPEAL from Jefferson Circuit Court in Chancery. John A. Williams, Judge. Watkins and wife filed their complaint against Greer, alleging that the instrument copied in the opinion created a mortgage, and praying for an account of rents and for redemption, The court below dismissed the complaint for want of equity, and the plaintiff appealed.. The instrument was a mortgage. The law regards the substance of things and not their forms or shadows, iop Pa.
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APPEAL from Jefferson Circuit Court in Chancery. John A. Williams, Judge. Watkins and wife filed their complaint against Greer, alleging that the instrument copied in the opinion created a mortgage, and praying for an account of rents and for redemption, The court below dismissed the complaint for want of equity, and the plaintiff appealed.. The instrument was a mortgage. The law regards the substance of things and not their forms or shadows, iop Pa. St., 136; gp Ind., 76; 13 Wise., 666; 22 id., 463; 38 id., 434; 1 Murphy (N. Cl), 116; 70 III., 416; 33 Pa. St., 311; 3 W. & S., 384; 41 III.,…
1Opinion of the Court
Williams, Sp. J.
The decision of this case involves the correct construction of the following agreement, executed February 27, 1878: “ Whereas, at a commissioner’s sale had and held at the City of Little Rock, by L. E. Barber, Commissioner, on the 27th day of February, A. D. 1878, under and by virtue of a decree of the Supreme Court of the State of Arkansas, in the case of James K. Brodie et al. v. Thomas Watkins and wife, Green B. Greer, of the Town oí Searcy, ,in the County of White and said State of Arkansas, became the purchaser of the real estate herein after described for the sum of…
2Cited by4 opinions
- Stoops v. Bank of BrinkleySupreme Court of Arkansas · 1920
- Seelig v. Phillips CountySupreme Court of Arkansas · 1917
- Goodwin v. BakerSupreme Court of Arkansas · 1917
- Central Coal & Coke Co. v. GoodCourt Of Appeals Of Indian Territory · 1901