Hinton v. Martin
Supreme Court of Arkansas
Appeal from Union Circuit Court; Charles W. Smith, Judge; In arriving at the intention of parties to a contract, it must be construed as a whole and not from some particular word or words. 130 Ark. 381. A purchaser is entitled to a marketable title in the absence of a stipulation to accept a different title. 85 Ark. 289; 120 Ark. 69. Where a “good and valid deed of conveyance” was provided for, held, the purchaser was entitled to a marketable title. 21 Ark. 298. The same…
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Appeal from Union Circuit Court; Charles W. Smith, Judge; In arriving at the intention of parties to a contract, it must be construed as a whole and not from some particular word or words. 130 Ark. 381. A purchaser is entitled to a marketable title in the absence of a stipulation to accept a different title. 85 Ark. 289; 120 Ark. 69. Where a “good and valid deed of conveyance” was provided for, held, the purchaser was entitled to a marketable title. 21 Ark. 298. The same conclusion was reached by the court in the following cases: 44 Ark. 145; (a deed of 'conveyance in fee of the legal title…
1ConcurrenceMcCulloch, C. J.
I concur in the result reached by the majority for the obvious reason that under the contract the title was to be accepted if approved by the attorneys mentioned and the title was so approved, there being no suggestion in the record of fraud or unfairness in that respect. Whitener-London Realty Co. v. Ritter, 94 Ark. 263; LeRoy v. Harwood, 119 Ark. 418.
It seems to me that the majority have gone out of the way to overrule the cases of Mays v. Rlair, 120 Ark. 69, and Shelton v. Ratterree, 121 Ark. 482. Those cases constituted rules of property if there can be such a rule under the decision of…
2Cases cited8 opinions
- Apel v. KelseySupreme Court of Arkansas · 1889
- Taliaferro v. BarnettSupreme Court of Arkansas · 1886
- Mays v. BlairSupreme Court of Arkansas · 1915
- Leroy v. HarwoodSupreme Court of Arkansas · 1915
- Griffith v. MaxfieldSupreme Court of Arkansas · 1897
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