Carnall v. Duval
Supreme Court of Arkansas
Appeal from Crawford Circuit Court in Chancery. Hon. Felix I. Batson Circuit Judge. A deed does not take effect until it is delivered. Jackson vs. Richards, 6 Cow. 617; 12 John. 419; 4 Kent's Com. 454Í Merely executing a deed and delivering it to the register for registry is not a delivery; 10 Mass. 456; 3 Mete. 275; and there is no pretence of an actual delivery to the mortgagee until after the time of the judgment under which the appellant purchased the land.
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Appeal from Crawford Circuit Court in Chancery. Hon. Felix I. Batson Circuit Judge. A deed does not take effect until it is delivered. Jackson vs. Richards, 6 Cow. 617; 12 John. 419; 4 Kent's Com. 454Í Merely executing a deed and delivering it to the register for registry is not a delivery; 10 Mass. 456; 3 Mete. 275; and there is no pretence of an actual delivery to the mortgagee until after the time of the judgment under which the appellant purchased the land. There was no consideration for the mortgage — the mortgagee held no note or other evidence of indebtedness, and the onus of proving a…
1Opinion of the Court
Mr. Justice Fairchild,
delivered the opinion of the Court..
On the 14th of June 1854, a mortgage was signed with the names and seals of Charles B. Johnson, Marshall Grimes and G. Adolphus Meyer, by which two town lots in Fort Smith were mortgaged to Marcellus Duval, to secure to him the payment of two thousand dollars, which Johnson, Grimes & Co., a firm composed of the three men whose names were affixed to the mortgage, owed to him. The name of Johnson was signed by Grimes as his attorney in fact.
The mortgage was acknowledged before Carnall, the clerk of Sebastian county, on the I5th day of…
2Cases cited1 opinion
- Hempstead v. JohnstonSupreme Court of Arkansas · 1856
3Cited by9 opinions
- Simpson v. HillisSupreme Court of Oklahoma · 1911
- Young v. Evans-Snyder-Buel Commission Co.Supreme Court of Missouri · 1900
- In re T. H. Bunch Commission Co.District Court, E.D. Arkansas · 1915
- In re ReynoldsDistrict Court, W.D. Arkansas · 1907
- McFadden v. BlockerCourt Of Appeals Of Indian Territory · 1899
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