Legal Opinion

Bunch v. Crowe

Supreme Court of Arkansas

Decided May 6, 1918PublishedCited by 4 opinions

Appeal from Lee Cliaiicery Court; Edward D. Robertson, Chancellor; 1. The mortgage was not void for uncertainty. It was sufficiently definite to describe the land and was given in good faith. Any latent ambiguity was explained by parol testimony. 40 Arle. 237-240; 106 Id. 85. It was constructive notice to all subsequent purchasers. 2. Appellee relies on the same description. He is not an innocent purchaser.

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Appeal from Lee Cliaiicery Court; Edward D. Robertson, Chancellor; 1. The mortgage was not void for uncertainty. It was sufficiently definite to describe the land and was given in good faith. Any latent ambiguity was explained by parol testimony. 40 Arle. 237-240; 106 Id. 85. It was constructive notice to all subsequent purchasers. 2. Appellee relies on the same description. He is not an innocent purchaser. The note and mortgage were purchased by Mrs. Bunch in good faith and for value and was sufficiently definite. 1. The trust deed was properly canceled. The note was paid, and Crowe was an…

1Opinion of the CourtMcCULLOCH, C. J.

The subject-matter of the present controversy is a tract of land in Lee County, described as the west half of the southwest quarter of section 4, in township 2 north, range 2 east, except two acres in the southwest corner thereof owned and occupied by a certain school district. The parties to the controversy claim title to the land from a common source, towit: Henry Bunch, a former owner. Appellant Addie K. Bunch is the wife of Henry Bunch, and asserts a lien on the land under a mortgage executed by her husband, in which the land is described in the following language, towit:

“Residue of the…

2Cases cited6 opinions

  1. Osceola Land Co. v. Chicago Mill & Lumber Co.Supreme Court of Arkansas · 1907
  2. Neas v. Whitener-London Realty Co.Supreme Court of Arkansas · 1915
  3. Scott v. Dunkel Box & Lumber Co.Supreme Court of Arkansas · 1912
  4. Adams v. EdgertonSupreme Court of Arkansas · 1886
  5. Evans v. RussSupreme Court of Arkansas · 1917

1 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. McClelland v. McClellandSupreme Court of Arkansas · 1951
  2. Lee v. Ocwen Loan Servicing, LLC (In re Savage)United States Bankruptcy Court, W.D. Arkansas · 2014
  3. Harrell v. SchneiderSupreme Court of Arkansas · 1937
  4. Ivy v. US Bank National AssociationUnited States Bankruptcy Court, W.D. Arkansas · 2019

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