Anderson v. Powell
Supreme Court of Arkansas
Appeal from Chicot Chancery Court; Joe S. Harris, Special Chancellor; 1. Chancery cases on appeal are tried de novo. 125 Ark. 364; 93 Id. 394; 79 Id. 577; 99 Id. 218. The finding of the chancellor is persuasive only. 197 S. W. 1160; 75 Ark. 72. 2. B. A. Kimple could not pass any better title than she had, and the deed to her was only a mortgage.
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Appeal from Chicot Chancery Court; Joe S. Harris, Special Chancellor; 1. Chancery cases on appeal are tried de novo. 125 Ark. 364; 93 Id. 394; 79 Id. 577; 99 Id. 218. The finding of the chancellor is persuasive only. 197 S. W. 1160; 75 Ark. 72. 2. B. A. Kimple could not pass any better title than she had, and the deed to her was only a mortgage. She was only a mortgagee, and Mary Powell took nothing better, and no better title than her grantor had, and her deed is subject to all the rights of Sarah Anderson, including, of course, the right to redeem. 70 Ark. 253. This case is squarely in…
1Opinion of the CourtHumphreys, J.
This suit was instituted by appellants against appellee in the Chicot Chancery Court to have a deed, absolute on its face, executed by Mrs. B. A. Kimple to Mary Powell, of date March 6, 1915, conveying lot 15, block 1, Holland’s Addition to the town of Dermott, Chicot County, Arkansas, declared a mortgage in fact, for its cancellation, for the investiture of the title to said real estate in appellant, Sarah Anderson, and for an accounting of rents and profits since March 6, 1915. The bill, in substance, alleged that, at the time of the conveyance aforesaid, Mrs. B. A. Kimple held the fee…
2Cases cited1 opinion
- Gates v. McPeaceSupreme Court of Arkansas · 1913
3Cited by1 opinion
- Fox Brothers Hardware Co. v. PhillipsSupreme Court of Arkansas · 1946