Driver v. Lacer
Supreme Court of Arkansas
Appeal from Mississippi Chancery Court, Chiekasawha District; C. D. Frierson, Chancellor; 1. The legal and equitable title never merged in Lilly by virtue of the conveyance. Nothing that Lilly and Holloway could do could divest the vendor’s lien. Kirby’s Digest, § 51. The case, 171 S. W. 144, is conclusive of this case. See also 105 Ark. 156; 27 Cyc. 1377-8, note '2 and B; lb. 1379, note D; 42 S. E. 5; 68 Am.
Read the full summary
Appeal from Mississippi Chancery Court, Chiekasawha District; C. D. Frierson, Chancellor; 1. The legal and equitable title never merged in Lilly by virtue of the conveyance. Nothing that Lilly and Holloway could do could divest the vendor’s lien. Kirby’s Digest, § 51. The case, 171 S. W. 144, is conclusive of this case. See also 105 Ark. 156; 27 Cyc. 1377-8, note '2 and B; lb. 1379, note D; 42 S. E. 5; 68 Am. St. Rep. 685. 2. The assignment of the notes was an ¡assignment of the lien. Kirby’s Digest, sec. 510; 68 Am. St. Rep. 691. There was no satisfaction of the mortgage. Kirby’s Digest,…
1Opinion of the CourtHabt, J.
Mrs. S. L. Driver sued O. R. Lilly, Allen Holloway, M. P. Grant and Philip Lacer to recover on four promissory notes, each for the sum of $112.50 and to foreclose a vendor’s lien in a deed from O. R. Lilly to Allen Holloway to certain lands in' Mississippi County. At the September, 1914, term of the chancery court, judgment by default was taken against all the defendants except Lacer, who filed his answer denying the right of plaintiff to assert a vendor’s .lien on the lands in controversy and averring that he was an innocent purchaser for value without notice of any equities of the plaintiff.
2Cases cited2 opinions
- Pullen v. WardSupreme Court of Arkansas · 1894
- Hebert v. FellheimerSupreme Court of Arkansas · 1914
3Cited by5 opinions
- Coffin v. Planters Cotton Co.Supreme Court of Arkansas · 1916
- Beard v. Bank of OsceolaSupreme Court of Arkansas · 1916
- Kinney v. North Memphis Savings BankSupreme Court of Arkansas · 1928
- Manwaring v. Farmers' Bank of CommerceSupreme Court of Arkansas · 1919
- Neal v. BradleySupreme Court of Arkansas · 1964