Dowdy v. Blake
Supreme Court of Arkansas
APPEAL from Desha Circuit Court in Chancery. J. A. Williams. The only question which can arise in this case, is, did Treadwell, the original vendor, at the time Blake paid off the judgment or execution against himself and Todd, have a lien on the lands conveyed by Todd to Smith, trustee, and afterwards sold by Smith to Dowdy to satisfy the mortgage debt? If so, can Blake be subrogated to the fights of Treadwell, and enforce the lien for half the amount paid by him against…
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APPEAL from Desha Circuit Court in Chancery. J. A. Williams. The only question which can arise in this case, is, did Treadwell, the original vendor, at the time Blake paid off the judgment or execution against himself and Todd, have a lien on the lands conveyed by Todd to Smith, trustee, and afterwards sold by Smith to Dowdy to satisfy the mortgage debt? If so, can Blake be subrogated to the fights of Treadwell, and enforce the lien for half the amount paid by him against the lands bought by Dowdy? We say not. 1st. Because in the original conveyance by Treadwell to Todd and Blake, the $4,000…
1Opinion of the Court
Cockrill, O. J.
Blake and Todd purchased a tract of land in Desha county from Treadwell, in 1869, for $11,000,, Todd paying $5,000 of the purchase price at that time. They executed their notes for the deferred’payments of purchase money, and their grantors reserved a lien upon the lands sold to secure the payment. In 1871 Treadwell brought suit in Tennessee against Blake and Todd to recover a bal-' anee of $2,000 and interest which he claimed was due hina on the purchase. The defendants resisted the suit and succeeded in reducing the. amount claimed, but judgment was rendered against them for…
2Cases cited9 opinions
- Ober v. GallagherSupreme Court of the United States · 1876
- Chipman v. Morill & WebsterCalifornia Supreme Court · 1862
- Fleming v. BeaverSupreme Court of Pennsylvania · 1828
- Owen v. McGeheeSupreme Court of Alabama · 1878
- Croft v. MooreSupreme Court of Pennsylvania · 1840
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Warford v. HankinsIndiana Supreme Court · 1898
- Baker v. LeighSupreme Court of Arkansas · 1965
- Oliver v. LansingNebraska Supreme Court · 1899
- Zeigler v. Valley Coal Co.Michigan Supreme Court · 1907
- Beard v. PayneIndiana Court of Appeals · 1917
3 more not listed; retrieve them via the Exa API.