Murphy v. Booker
Supreme Court of Arkansas
Appeal from Lafayette Chancery Court; James M. Barker, Chancellor; 1. The transaction was a deed. Plaintiff had no title to the land, either legal or equitable, which must exist to constitute a mortgage. 86 Ala. 289; 5 So. 722; 55 Ala. 607; 96 111. 456; 16 Fla. 466; 13 111. 186; 60 Id. 516; 20 Am.
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Appeal from Lafayette Chancery Court; James M. Barker, Chancellor; 1. The transaction was a deed. Plaintiff had no title to the land, either legal or equitable, which must exist to constitute a mortgage. 86 Ala. 289; 5 So. 722; 55 Ala. 607; 96 111. 456; 16 Fla. 466; 13 111. 186; 60 Id. 516; 20 Am. Dec. 145; 77 Pa. 134; .73 111. 156; 172 Id. 82; L. R. A. 1916 B, p. 154, § 98. 2. The evidence fails to show that the deed was a mortgage. 153 S. W. 797. To show that a deed, absolute on its face, is a mortgage to secure a debt, the evidence must be clear, unequivocal and convincing. 88 Ark. 299; 75…
1Opinion of the CourtMoCULLOCH, C. J.
This is an action instituted by appellees in the chancery court of Lafayette County against appellant in which the court was asked to declare a certain deed of conveyance in absolute form to be a mortgage and to allow redemption therefrom.
The lands in controversy aggregate 1,242 acres, of which a large portion is in cultivation and they were originally owned and occupied by appellee, Paul M. Booker. His wife, Martha E. Booker, joined with him in this suit. On December 11, 1913, appellees conveyed the lands to appellant by deed absolute in form reciting a consideration of “the sum. of one…
2Cases cited13 opinions
- Rodgers v. BurtSupreme Court of Alabama · 1908
- Wimberly v. ScogginSupreme Court of Arkansas · 1917
- Haggerty v. BrowerSupreme Court of Iowa · 1898
- Tate v. JaySupreme Court of Arkansas · 1876
- Jordan v. KatzSupreme Court of Virginia · 1893
8 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Ferguson v. RaglandCourt of Appeals of Texas · 1922
- Maloney v. McCulloughSupreme Court of Arkansas · 1949
- Roetzel v. BealSupreme Court of Arkansas · 1938
- Ardell v. BlameySupreme Court of Colorado · 1942