Kerby v. Wade
Supreme Court of Arkansas
Appeal from Pulaski Chancery Court; John E. Martineau, Chancellor; STATEMENT BY THE COURT. The appellees brought this suit against Henry Green, W. A. Parker and J. P. Kerby to set aside a mortgage for alleged fraud, misrepresentation and deceit practiced upon appellee Wade in its execution.
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Appeal from Pulaski Chancery Court; John E. Martineau, Chancellor; STATEMENT BY THE COURT. The appellees brought this suit against Henry Green, W. A. Parker and J. P. Kerby to set aside a mortgage for alleged fraud, misrepresentation and deceit practiced upon appellee Wade in its execution. It is alleged substantially that Wade applied to one Henry Green and one W. A. Parker, two practicing attorneys, to borrow the sum of $100, that Green and Parker informed Wade that, in order to enable them to obtain the money desired by plaintiff) he would have to execute a realty mortgage to them in the…
1Opinion of the Court
Wood, J.,
(after stating the facts). The mortgage recites, among other things, as follows:
“The sale is on the condition that, whereas, I am justly indebted unto the said G.. Henry Green and W. A. Parker in the sum of one hundred dollars, evidenced by a note of even date herewith, due after date with interest.
“Now, if I shall pay said moneys, at the times and in the manner aforesaid, then the above conveyance shall be null and void, ” etc.
The mortgage was dated November 11, 1908. The alleged assignment was January 9, 1909. It will be observed that the mortgage recites that the note which it was…
2Cited by4 opinions
- State Nat. Bank of S.A. v. East Coast Oil Co.Texas Supreme Court · 1919
- Roy v. ReckerU.S. Circuit Court for the District of Eastern Arkansas · 1963
- Wilson v. StarkMississippi Supreme Court · 1927
- Hawkins v. BrewerSupreme Court of Arkansas · 1942