Watson v. Pugh
Supreme Court of Arkansas
APPEAL from Ashley Circuit Court in Chancery. C. D. Wood, Judge. 1. The evidence in this case shows beyond a doubt that the trade made by Bell with Simmes was canceled and it was not important that the bond for title should have been surrendered up and canceled. Pugh had notice of Watson’s claim of ownership, his deed being of record.
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APPEAL from Ashley Circuit Court in Chancery. C. D. Wood, Judge. 1. The evidence in this case shows beyond a doubt that the trade made by Bell with Simmes was canceled and it was not important that the bond for title should have been surrendered up and canceled. Pugh had notice of Watson’s claim of ownership, his deed being of record. Simmes was estopped to deny that Watson was his landlord and that the note was for rent, and his mortgagee stands in no better attitude. 2. The mortgage was void as to the cotton for uncertainty, 41 Ark., 70-73; 43 Id., 350; Jones, Chat. Mortg., sec. 46, et seq.…
1Opinion of the CourtCockrill, C. J.
1. Landlord and Tenant: Relation of.
Giving rent note for purchase money. This is an action by Pugh, the mortgagee of one Simmes, to recover of Watson the value of six bales and a fraction of the mortgaged cotton which Watson had converted to his own use. Watson claimed to be the landlord of Simmes and to have received the cotton from him in discharge of his landlord’s superior lien for rent. The facts in relation to this claim are as follows: One Bell, while the owner of the land, executed to Simmes a bond covenanting to make him a deed when the purchase price agreed upon should be paid.…
2Cases cited2 opinions
- Kelly v. ReidMississippi Supreme Court · 1879
- Croswell v. AllisSupreme Court of Connecticut · 1856
3Cited by8 opinions
- Martin v. SchichtlSupreme Court of Arkansas · 1895
- Thomas v. JohnstonSupreme Court of Arkansas · 1906
- United Bank & Trust Co. v. PowersCalifornia Court of Appeal · 1928
- Levy v. McDonnellSupreme Court of Arkansas · 1909
- Mitchell v. AbernathySupreme Court of Alabama · 1915
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