Meher v. Cole
Supreme Court of Arkansas
APPEAL from Craighead Circuit Court in Chancery.. L. L. Mack, Special Judge. 1. There was no obligation on Cole, or those under whom he claims, to remove the lien of the original vendor.
Read the full summary
APPEAL from Craighead Circuit Court in Chancery.. L. L. Mack, Special Judge. 1. There was no obligation on Cole, or those under whom he claims, to remove the lien of the original vendor. He was an entire stranger to fhe transaction.- 2. The deed to Burk was absolute, acknowledging the ■payment in fall of the purchase money, and the equitable lien, if any, was personal to the original vendor and not assignable. 14 Ark., 628; 18 Id., 142; 23 Id., 255; 25 Id., 129. 3. The decree was void, for want of service of process on the minors, and appellee is not entitled to subrogation, as the decree…
1Opinion of the CourtCockRILL, C. J.
Both the plaintiffs and defendant have appealed in this cause. Each side was asking ■affirmative relief in the trial court, but if there was the same confusion in the record when the cause was heard as exists in the transcript which is certified here, neither could have complained if the court had refused all relief.
Dates are matters of some importance in the litigation, but, according to the record, almost every event, from the birth of the parties to the entry of the final decree, occurred “ on the — day of ———, 18 — It is not even certain who' are the plaintiffs in the litigation. The…
2Cases cited1 opinion
- Vallé's Heirs v. Fleming's HeirsSupreme Court of Missouri · 1859
3Cited by4 opinions
- Bond v. MontgomerySupreme Court of Arkansas · 1892
- Long v. Charles T. Abeles & Co.Supreme Court of Arkansas · 1905
- Neff v. ElderSupreme Court of Arkansas · 1907
- Brewer v. Folsom Bros. Co.Wyoming Supreme Court · 1932