Levy v. McDonnell
Supreme Court of Arkansas
Appeal from Jefferson Chancery Court; John M. Elliott, Chancellor; Under the stipulation in the deed, when David failed to pay the note as he contracted, the relation of landlord and tenant instantly began, and that relationship was as fully in force as though no contemplated sale had ever existed. 75 Ark. 578; 78 Ark. 574. The deed in this case created the relation of vendor and vendee, and not that of landlord and tenant, notwithstanding the deed was not to become absolute…
Read the full summary
Appeal from Jefferson Chancery Court; John M. Elliott, Chancellor; Under the stipulation in the deed, when David failed to pay the note as he contracted, the relation of landlord and tenant instantly began, and that relationship was as fully in force as though no contemplated sale had ever existed. 75 Ark. 578; 78 Ark. 574. The deed in this case created the relation of vendor and vendee, and not that of landlord and tenant, notwithstanding the deed was not to become absolute until paid, and the fact that the note falling due in November, 1905, was not paid at maturity. Cases cited by…
1Opinion of the CourtMcCulloch, C. J.
Minnie B. Levy and her husband, W. J. Levy, two of the appellants herein, by their deed duly executed and delivered, containing covenants of general warranty of title, conveyed in fee simple to one Davis a tract of land in Jefferson ■County for the sum of $5,000, payable in eight equal annual installments, as evidenced by the promissory notes of said Davis duly executed to them and recited in said deed. After the habendum and the warranty clauses of the deed, there follows this stipulation :
“And when all of said notes are paid according to the tenor and' effect thereof, then this instrument…
2Cases cited7 opinions
- Quertermous v. HatfieldSupreme Court of Arkansas · 1890
- CarLee v. EllsberrySupreme Court of Arkansas · 1907
- Whetstone v. HuntSupreme Court of Arkansas · 1906
- Thomas v. JohnstonSupreme Court of Arkansas · 1906
- Watson v. PughSupreme Court of Arkansas · 1888
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Putnam v. McClainSupreme Court of Iowa · 1924
- Gravette v. VeachSupreme Court of Arkansas · 1932
- Mason v. JacksonSupreme Court of Arkansas · 1937
- Hart v. Associated Oil Co.Court of Appeals of Texas · 1924
- Goode v. KingSupreme Court of Arkansas · 1934
4 more not listed; retrieve them via the Exa API.