Rodman v. Sanders
Supreme Court of Arkansas
APPEAL from White Circuit Court in Chancery. Hon. M. T. Sanders, Circuit Judge. 1. There was no resulting trust, as the money was not advanced at the time of the purchase, but afterwards.. (29 Ark., 630; 2 Paige, 238.) The payment could only have been a lien or advancement. 1/1 Ark., 301; 10 Paige, 626; 6 Black/., 195. 2. There was no subrogation, as the debt was paid and' extinguished, a deed made, and no assignment of the note or lien.
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APPEAL from White Circuit Court in Chancery. Hon. M. T. Sanders, Circuit Judge. 1. There was no resulting trust, as the money was not advanced at the time of the purchase, but afterwards.. (29 Ark., 630; 2 Paige, 238.) The payment could only have been a lien or advancement. 1/1 Ark., 301; 10 Paige, 626; 6 Black/., 195. 2. There was no subrogation, as the debt was paid and' extinguished, a deed made, and no assignment of the note or lien. The father was a mere volunteer for the benefit of the son. (3 Paige, 122; 7 Md., 161/; 2 Brock., 221/; 21 Barb., 262; 1 Band/., 381/; 1 Const., 586; 8…
1Opinion of the CourtSmith, J.
In the year 1871 J. M. Williams, a citizen of Mississippi, purchased 240 acres of land in this State, and Teceived a bond conditioned to convey the title to him upon payment of the price, $2,400. This being all paid ■except a note for $1,000, which matured December 1, 1872, the vendor brought suit for foreclosure of his lien. And the vendee, being unable to pay, appealed to his father, P. W. Williams, who also resided in Mississippi, for assistance. The father came to Arkansas, bringing the bond for title, paid off the incumbrance, using $965 of his own money for that purpose, and received…
2Cited by24 opinions
- Brown v. NelmsSupreme Court of Arkansas · 1908
- Southern Cotton Oil Co. v. Napoleon Hill Cotton Co.Supreme Court of Arkansas · 1913
- American Nat. Bank v. Fidelity & Deposit Co.Supreme Court of Georgia · 1907
- Cotton v. WhiteSupreme Court of Arkansas · 1917
- Inman v. QuireySupreme Court of Arkansas · 1917
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