Stephens v. Anthony
Supreme Court of Arkansas
APPEAL from JacJcson Circuit Court in Equity. Hon. Richard H. Powell, Circuit Judge. STATEMENT. Stephens filed his' complaint in equity in the Jackson 'Circuit Court, against the appellees, showing that Mitch•ell and Felix Crump, in 1875, sold to Samuel Anthony a two-^hird interest in a certain described tract of land in ■Jackson county, for four thousand dollars, for which he executed to them his notes payable at future dates, and they •executed to him a deed for the land,…
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APPEAL from JacJcson Circuit Court in Equity. Hon. Richard H. Powell, Circuit Judge. STATEMENT. Stephens filed his' complaint in equity in the Jackson 'Circuit Court, against the appellees, showing that Mitch•ell and Felix Crump, in 1875, sold to Samuel Anthony a two-^hird interest in a certain described tract of land in ■Jackson county, for four thousand dollars, for which he executed to them his notes payable at future dates, and they •executed to him a deed for the land, reciting that they sold and conveyed it “for the sum of four thousand dqllars, payable as follows, to-wit: $1000 the…
1Opinion of the CourtHarrison, J.
It is expressly declared by Section 564, Gantt’s Digest, (Hci of April 24, 1873,) that “the lien or equity held or possessed by the vendor of real estate,, when the same is expressed upon, or appears from, the face-of the deed or conveyance, shall inure to the benefit of the assignee of the note or obligation given for the purchase-money of such real estate, and may be enforced by such.
This case appears to be within the very language of the Statute. If a lien had been in terms reserved in the deed, no question could possibly arise as to its passing with the assignment of the notes, and as it…
2Cases cited3 opinions
- Deason v. TaylorMississippi Supreme Court · 1876
- Honore's v. BakewellCourt of Appeals of Kentucky · 1845
- Croskey v. ChapmanIndiana Supreme Court · 1866
3Cited by2 opinions
- Beard v. Bank of OsceolaSupreme Court of Arkansas · 1916
- Hankins v. Merchants' & Planters' BankSupreme Court of Arkansas · 1923