Board of Directors v. Cottonwood Lumber Co.
Supreme Court of Arkansas
Appeal from Lee Circuit Court; Harnee N. Hutton, Judge; statement by the court. The appellee took from appellant a quitclaim deed in which appellant, for the consideration of $1,440.66, “granted, remised and quitclaimed” unto appellee “all the right, title and interest of appellant to certain lands in Lee County.”
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Appeal from Lee Circuit Court; Harnee N. Hutton, Judge; statement by the court. The appellee took from appellant a quitclaim deed in which appellant, for the consideration of $1,440.66, “granted, remised and quitclaimed” unto appellee “all the right, title and interest of appellant to certain lands in Lee County.” The deed was executed on the 15th day of June, 1899. After the delivery of the deed it was ascertained that 320 acres of the land described in the deed were in the river, and therefore practically not in existence. As early as July 15, 1899, the secretary of the board wrote to…
1Opinion of the Court
Wood, J.,
(after stating the facts.) In the absence of fraud or covenants of title, a vendor of land is not liable to the vendee for the purchase money because the title failed. In such case the vendee voluntarily parts with his money for only such title as the vendor has. If he has none, the vendee gets none, and is without recourse. Such is the contract between vendor and vendee in a purely quitclaim -deed. Gouverneur v. Elmendorf, 5 Johns. Ch. 79 (Kent.); Stoddard v. Prescott, 58 Mich. 542; Inhabitants of Barkhamsted v. Case. 5 Conn. 528; Clark v. Sigourney, 17 Conn. 511; Gates v. Winslow,…
2Cases cited11 opinions
- Peters v. BowmanSupreme Court of the United States · 1878
- Clark v. SigourneySupreme Court of Connecticut · 1846
- Whittemore v. . FarringtonNew York Court of Appeals · 1879
- Inhabitants of Barkhamsted v. CaseSupreme Court of Connecticut · 1825
- Gouverneur v. ElmendorfNew York Court of Chancery · 1821
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3Cited by3 opinions
- Bodcaw Oil Co. v. Atlantic Refining Co.Supreme Court of Arkansas · 1950
- Blanton v. Jonesboro Building & Loan Ass'nSupreme Court of Arkansas · 1928
- Ritter v. Board of DirectorsSupreme Court of Arkansas · 1917