Ward v. Stark
Supreme Court of Arkansas
Appeal from Greene Chancery Court; Mdward D. Robertson, Chancellor; 1. Mrs. Ward was not present when the instrument was executed, but if she was she did not sign it except by mark, and there were no witnesses to signature. Kirby’s Dig., § 7799; 60 Ala. 293. 2. The instrument does not describe the land, and is void for uncertainty. Besides, the fruit tree contract is not a mortgage.
Read the full summary
Appeal from Greene Chancery Court; Mdward D. Robertson, Chancellor; 1. Mrs. Ward was not present when the instrument was executed, but if she was she did not sign it except by mark, and there were no witnesses to signature. Kirby’s Dig., § 7799; 60 Ala. 293. 2. The instrument does not describe the land, and is void for uncertainty. Besides, the fruit tree contract is not a mortgage. Washburn on Real Prop., § 475. There is no granting clause; no habendum clause; no warranty clause or covenants; no defeasance clause. It is nothing more than a pledge, and the record of it is not notice. 33 A-rk.…
1Opinion of the CourtMcCurroci-i, C. J.
This is a suit in equity instituted by appellees, Stark Brothers, against G. O. Ward and his wife, N. G. Ward, to obtain foreclosure of two certain instruments of writing, alleged to be mortgages on the same tract of land, which constituted the homstead of G. O. Ward. J. A. Gill, a subsequent purchaser of the land from Ward, was made a defendant in the suit, and he also appeals from the decree of foreclosure.
The first instrument executed is as follows:
“This indenture, made and entered into on this 14th day of October, A. D. 1901, by and between G. O. Ward, of Finch, Ark. (residence 10 miles…
2Cases cited13 opinions
- Flagg v. MannU.S. Circuit Court for the District of Massachusetts · 1837
- Turman v. BellSupreme Court of Arkansas · 1891
- Martin v. NixonSupreme Court of Missouri · 1887
- Martin v. SchichtlSupreme Court of Arkansas · 1895
- Bell v. PeltSupreme Court of Arkansas · 1888
8 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Garrison v. . Vermont MillsSupreme Court of North Carolina · 1910
- Cox v. SmithSupreme Court of Arkansas · 1910
- Naill v. KirbySupreme Court of Arkansas · 1924
- Rowland v. GriffinSupreme Court of Arkansas · 1929
- Dawkins v. PetteysSupreme Court of Arkansas · 1915
15 more not listed; retrieve them via the Exa API.