Land v. May
Supreme Court of Arkansas
Appeal from Cleveland Chancery Court. John M. Euuiott, Chancellor. In the absence of fraud, the recitals of the deed cannot be varied by parol. 28 Ark. 48-54; lb. 638; 28 Id. 361; 56 Tex. 72; 5 Wall. 166; 10 Cal. 106; 63 Conn. 388. Estates upon condition can only be created by deed or grant, and do not lie in parol. Coke, Litt. 325. As to what are estates upon condition and their legal effect, see: 3 Kent’s Comm. 120; 2 Gr.
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Appeal from Cleveland Chancery Court. John M. Euuiott, Chancellor. In the absence of fraud, the recitals of the deed cannot be varied by parol. 28 Ark. 48-54; lb. 638; 28 Id. 361; 56 Tex. 72; 5 Wall. 166; 10 Cal. 106; 63 Conn. 388. Estates upon condition can only be created by deed or grant, and do not lie in parol. Coke, Litt. 325. As to what are estates upon condition and their legal effect, see: 3 Kent’s Comm. 120; 2 Gr. Cruise, R. Prop. 2. Conditions in deeds are strictly construed against the grantor, but not the grantee. 1 Cliff. 577; 100 Ala. 406; 129 111. 501; 128 Ind. 43; 68 Am. Dec.…
1Opinion of the CourtHnx, C. J.
On the 30th of September, 1896, May sold to Land 566 acres of land upon credit. It was divided into two tracts, separate deeds made for each, and twelve notes given, the first six for one tract, the last six for the other. The notes were in usual form, and drawing 5 per cent, interest, and written after the signature of the maker was this: “This note is given as a part to secure payment on the following land,” giving a description of the tract for which the particular note was given. Deeds were made for the two tracts, each a warranty deed in usual form, with this additional matter, after…
2Cases cited4 opinions
- Stryker v. HershySupreme Court of Arkansas · 1881
- Hershey v. LuceSupreme Court of Arkansas · 1892
- Gibson v. MartinSupreme Court of Arkansas · 1881
- Mitchell v. WadeSupreme Court of Arkansas · 1882
3Cited by6 opinions
- Hotel Management Co. v. KricklSupreme Court of Florida · 1934
- Fox v. PinsonSupreme Court of Arkansas · 1926
- In re ReynoldsDistrict Court, W.D. Arkansas · 1907
- Light v. Federal Land Bank of St. LouisSupreme Court of Arkansas · 1928
- McCoy v. WilsonSupreme Court of Arkansas · 1925
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