Tate v. Dinsmore
Supreme Court of Arkansas
Appeal from Little River Chancery Court; James D. Shaver, Chancellor; STATEMENT BY THE OOUBT. Fred Tate, in 1910, owned eighty acres of land in Little River County, this State, and that year through a real estate broker in San Francisco met one Z. P. Beach-hoard and made a trade of lands with him on the 21st day of September, exchanging the Arkansas lands for property in California.
Read the full summary
Appeal from Little River Chancery Court; James D. Shaver, Chancellor; STATEMENT BY THE OOUBT. Fred Tate, in 1910, owned eighty acres of land in Little River County, this State, and that year through a real estate broker in San Francisco met one Z. P. Beach-hoard and made a trade of lands with him on the 21st day of September, exchanging the Arkansas lands for property in California. On the next day Beachboard borrowed from Tate $400 on the Arkansas land and gave a deed of trust thereon to secure the payment of the loan. The deed of trust was made to M. L. Hanna, and D. T. Minney, ns trustees.…
1Opinion of the Court
Kirby, J.,
(after stating the facts). (1) There is no merit in the contention that the deed of trust.was a California contract and that the laws of that State govern in the procedure for the sale of lands thereunder. “The general rule without any diversity of opinion is that the alienation, transmission and descent of real estate is governed by* the laws of the country or State in which it is situated,” as said, in Crossett Lumber Co. v. Files, 104 Ark. 602.(2) The lands conveyed by the deed of trust are situated in this State and their sale under the power contained in the deed must have been…
2Cases cited3 opinions
- Wood v. HollandSupreme Court of Arkansas · 1893
- Allen v. SwoopeSupreme Court of Arkansas · 1898
- Fields v. DanenhowerSupreme Court of Arkansas · 1898
3Cited by4 opinions
- Bank of Oak Grove v. Wilmot State BankSupreme Court of Arkansas · 1983
- Lewis v. MuenseSupreme Court of Arkansas · 1918
- Rose v. LoughboroughSupreme Court of Arkansas · 1930
- Agri Bank FCB v. MaxfieldSupreme Court of Arkansas · 1994