Jett v. Crittenden
Supreme Court of Arkansas
Appeal from ’Chicot Chancery Court; Zachariah X. Wood, Chancellor; STATEMENT BY TI-IE COURT. On July 29, 1907, appellant filed his bill in equity asking that a certain mortgage given by him to appellees, O. B. Crittenden & Company, lessees of the Sunny Side Store, on March 25, 1905, for $1400, be cancelled, setting up that the same had been by him paid to said appellees, and that the same was a cloud upon his title to the land described in said mortgage, and further prayed…
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Appeal from ’Chicot Chancery Court; Zachariah X. Wood, Chancellor; STATEMENT BY TI-IE COURT. On July 29, 1907, appellant filed his bill in equity asking that a certain mortgage given by him to appellees, O. B. Crittenden & Company, lessees of the Sunny Side Store, on March 25, 1905, for $1400, be cancelled, setting up that the same had been by him paid to said appellees, and that the same was a cloud upon his title to the land described in said mortgage, and further prayed that he have judgment against appellees for $1113 as damages for failure to mark the record of said mortgage satisfied.…
1Opinion
on rehearing.
Opinion delivered March 8, 1909.
Hart, J.
It by no means follows, as contended by counsel for appellant, that the finding of the court should have been in favor of appellant because it declared that the mortgage of Jett to Davies was a prior lien to that of Jett to Crittenden & Compa^r, of Sunnyside, although the latter was first executed and filed for record. The action of the court in holding in favor of Davies was based upon estoppel. Davies went to Crittenden for the purpose of ascertaining how much Jett owed, with a view of advancing 'him money to pay off his entire…
2Cases cited2 opinions
- Graham v. ThompsonSupreme Court of Arkansas · 1892
- Atkinson v. BurtSupreme Court of Arkansas · 1898