Love v. Bryson
Supreme Court of Arkansas
Appeal from Yell Circuit Court in Chancery, Dardanelle District. Jeremiah G. Wallace, Judge. Dove brought ejectment against Bryson to recover a forty-acre tract of land.
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Appeal from Yell Circuit Court in Chancery, Dardanelle District. Jeremiah G. Wallace, Judge. Dove brought ejectment against Bryson to recover a forty-acre tract of land. His claim of title was that, on April 19, 1889, Carpenter executed to him a mortgage, which was duly acknowledged and recorded; that at that date Carpenter was owner and in possession of the land by absolute deed from Gatlin executed in 1888, which deed was never recorded and was never in plaintiff’s possession ; that, on August 13, 1890, defendant with knowledge of plaintiff’s deed, took a deed from Gatlin. The prayer was…
1Opinion of the Court
1. Purchaser with kuowledge of anottier’s title not innocent.
CoCKRlLL, C. J.
The preponderance of the evi- . irr ~ i ii-t» dence is to the effect that Gatlin executed and delivered £0 Carpenter a deed to the forty-acre tract in question, and that the defendant Bryson knew that fact, or, what in legal effect is the same thing, had information which would naturally have suggested inquiry which would have led to the knowledge of its execution. That is true, even without Bullock’s testimony. Bryson can take nothing therefore by the conveyance as against Dove.
2. Mortgagee movedloud.re
2- Dove has…
2Cases cited5 opinions
- Holland v. ChallenSupreme Court of the United States · 1884
- Donahue v. MeisterCalifornia Supreme Court · 1891
- Ragsdale v. MitchellIndiana Supreme Court · 1884
- Lewis v. SouleSupreme Court of Iowa · 1879
- Wofford v. BaileyMississippi Supreme Court · 1879
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- Creek Land & Improvement Co. v. DavisSupreme Court of Oklahoma · 1911
- Wasp Oil, Inc. v. Arkansas Oil & Gas, Inc.Supreme Court of Arkansas · 1983
- Collins v. Paepcke-Leicht Lumber Co.Supreme Court of Arkansas · 1905
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