Neas v. Whitener-London Realty Co.
Supreme Court of Arkansas
Appeal from Mississippi 'Chancery Court, Osceola District; Charles D. Frierson, Chancellor; 1. In this case the distinction between a deed and a mortgage or deed of trust is to be observed, in this: If one sells and conveys land by deed to another, and a third party, with knowledge of such sale, afterward buys the same land from the grantor in the first deed, he obtains no interest in the land, even though the deed was not recorded, but this is not true of a mortgage.
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Appeal from Mississippi 'Chancery Court, Osceola District; Charles D. Frierson, Chancellor; 1. In this case the distinction between a deed and a mortgage or deed of trust is to be observed, in this: If one sells and conveys land by deed to another, and a third party, with knowledge of such sale, afterward buys the same land from the grantor in the first deed, he obtains no interest in the land, even though the deed was not recorded, but this is not true of a mortgage. A mortgage may be good between the parties, though not acknowledged or recorded, but it constitutes no lien upon the mortgaged…
1Opinion of the CourtSmith, J.
Appellee, Whitener-London Bealty Company, hereinafter designated as the realty company, was the plaintiff below, and instituted this suit for the purpose of reforming .and foreclosing a deed of trust executed in its favor by one O. B. Lilly. The realty company conveyed to Lilly on October 25, 1910, a large body of land, all of which was situated in township 13 north, range 8 east, Mississippi County, Arkansas, except two sections numbered 26 'and 35, which were situated in township 12 north, range 8 east. This deed recited that it was subject to a timber contract theretofore made by the…
2Cases cited23 opinions
- Taylor v. HarrisonTexas Supreme Court · 1877
- Doe ex dem. Phillips' Heirs v. PorterSupreme Court of Arkansas · 1840
- Fort v. BurchNew York Supreme Court · 1849
- Bailey v. GalpinSupreme Court of Minnesota · 1889
- Mooney v. CooledgeSupreme Court of Arkansas · 1875
18 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Westbrook v. McDonaldSupreme Court of Arkansas · 1931
- Sapp v. WarnerSupreme Court of Florida · 1932
- Luria v. Bank of Coral GablesSupreme Court of Florida · 1932
- Zaucha v. Town of MedleySupreme Court of Florida · 1953
- Pierson v. BillSupreme Court of Florida · 1938
12 more not listed; retrieve them via the Exa API.