Watts v. Kellar
Court of Appeals for the Eighth Circuit
Appeal from the Circuit Court of the United States for the Eastern District of Arkansas. In Equity. Bill by 'Edmund Hanney Watts against James M. Reliar and E. W. Rector for the recovery of money, the declaration and enforcement of a lien on rea] estate, and for general relief. The court below sustained a demurrer to the bilí, and dismissed the cause, from which decree complainant appeals.
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Appeal from the Circuit Court of the United States for the Eastern District of Arkansas. In Equity. Bill by 'Edmund Hanney Watts against James M. Reliar and E. W. Rector for the recovery of money, the declaration and enforcement of a lien on rea] estate, and for general relief. The court below sustained a demurrer to the bilí, and dismissed the cause, from which decree complainant appeals. Statement by CALDWELL, Circuit Judge: This suit grows out of the following contract: “Hot Springs, Ark., November 17th, 1S90. “We, the undersigned, James M. Kellar and E. W. Hector, of the city of Hot…
1Opinion of the Court
CALDWELL, Circuit Judge,
(after stating the facts.) Upon the allegations of the bill the contract between the parties from its inception was, in equity, a mortgage. It is expressly averred in the bill that "it was well understood that the transaction was in the nature of a loan by your orator to defendants, with a reservation that your orator should be authorized to retain the property if he should so elect.” The necessary implication from the aver-ments of the bill is that the plaintiff loaned the defendants $7,000, and that to secure the payment of the same the defendants caused the lot in…
2Cases cited4 opinions
- Willard v. TayloeSupreme Court of the United States · 1870
- Russell v. SouthardSupreme Court of the United States · 1851
- Brown v. SleeSupreme Court of the United States · 1881
- Raymond v. San Gabriel, Val. Land & Water Co.Court of Appeals for the Eighth Circuit · 1893
3Cited by24 opinions
- Frank v. Stratford-HandcockWyoming Supreme Court · 1904
- Texaco, Inc. v. CreelSupreme Court of North Carolina · 1984
- Watkins v. RobertsonSupreme Court of Virginia · 1906
- Mannington v. Hocking Valley Ry. Co.U.S. Circuit Court for the District of Southern Ohio · 1910
- Cummins v. BeaversSupreme Court of Virginia · 1904
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