St. Louis Southwestern Railway Co. v. Curtis
Supreme Court of Arkansas
Appeal from Greene Circuit Court, First Division; J. F. Gautney, Judge; STATEMENT BY THE COURT. Appellee alleged that on the 12th of April, 1909, he was the owner of an acre of land in Greene County, which he described, and that on the above date he conveyed the land to appellant by a deed which contained, among others, the following clause: “For and in consideration of the sum of one dollar and the stipulations hereinafter mentioned to me in hand paid by the St. Louis…
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Appeal from Greene Circuit Court, First Division; J. F. Gautney, Judge; STATEMENT BY THE COURT. Appellee alleged that on the 12th of April, 1909, he was the owner of an acre of land in Greene County, which he described, and that on the above date he conveyed the land to appellant by a deed which contained, among others, the following clause: “For and in consideration of the sum of one dollar and the stipulations hereinafter mentioned to me in hand paid by the St. Louis Southwestern Railway Company, the receipt of which is hereby acknowledged, do hereby grant, bargain, sell and convey unto the…
1Opinion of the Court
Wood, J.,
(after stating the facts). 1. Appellant contends that the deed in controversy is an absolute conveyance, and relies upon Bain v. Parker, 77 Ark. 168. In that case the deed was as follows: ■ “The grantors, in consideration of one dollar and the further consideration of the building, equipping and operating a line of railroad, etc., to be completed by January 1, 1899, have granted, bargained, sold and conveyed,” etc. In that case we held that the words “to be completed by January 1, 1899,” when taken in connection with the other provisions of the deed, did not amount to a condition…
2Cases cited3 opinions
- Ozark v. AdamsSupreme Court of Arkansas · 1904
- Moore v. SharpeSupreme Court of Arkansas · 1909
- Bain v. ParkerSupreme Court of Arkansas · 1905
3Cited by6 opinions
- St. Louis-San Francisco Railway Co. v. WhiteSupreme Court of Arkansas · 1939
- McCullough v. Swifton Consolidated School DistrictSupreme Court of Arkansas · 1941
- Sorsby v. BenninghovenOregon Supreme Court · 1916
- Steele v. Rural Special School District No. 15Supreme Court of Arkansas · 1929
- Standard Shingle Company v. BerrySupreme Court of Arkansas · 1925
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