Box v. Goodbar
Supreme Court of Arkansas
APPEAL from Monroe Circuit Court. M. T. Sanders, Judge. Attachment by Goodbar & Co. against John T. Box. White interpleaded for and retained the property, claiming under a deed of trust, in the nature of a mortgage, from Box. The court trying the case found that the parties intended to make an absolute appropriation of the property for the benefit of creditors, and held the conveyance void.
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APPEAL from Monroe Circuit Court. M. T. Sanders, Judge. Attachment by Goodbar & Co. against John T. Box. White interpleaded for and retained the property, claiming under a deed of trust, in the nature of a mortgage, from Box. The court trying the case found that the parties intended to make an absolute appropriation of the property for the benefit of creditors, and held the conveyance void. The attachment was sustained, and judgment rendered against the interpleader on his bond for the amount due plaintiff. Inter pleader and defendant appealed. The facts are stated in the opinion. 1. The…
1Opinion of the CourtHemingway, J.
1. Mortgaee —Evidence nlinndc to explain, In this class of proceedings an inspec- . . , tion oí a deed furnishes prima facie evidence of its character, but not conclusive; for proof may be made aliunde that a deed absolute in form was intended as a mortgage, or that a deed conditional in form was intended to be absolute, and that the condition was inserted to disguise its real character. Richmond v. Miss. Mills, 52 Ark., 30.
signment. 2. when a fom t^aan The conveyance from Box to White, as trustee, contained formal clause of defeasance by the terms of which the deed was to be void if Box…
2Cited by7 opinions
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- Apollos v. StaniforthCourt of Appeals of Texas · 1893
- Heldman Clothing Co. v. OatesSupreme Court of Arkansas · 1918
- Marquese v. FelsenthalSupreme Court of Arkansas · 1893
- Adler-Goldman Commission Co. v. PhillipsSupreme Court of Arkansas · 1896
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