King v. Crone
Supreme Court of Arkansas
Appeal from Cleburne Chancery Court; George T. Humphries, Chancellor; J. M. Crone brought this suit to have a deed from Hammock to King declared a mortgage, alleging that he had purchased the land, 138 acres, from Hammock and borrowed .money from King with which to pay for it; that Hammock executed the deed to King, which was intended only to secure the repayment of the money to him, and that on the same day King executed to plaintiff a bond for title for the east portion of…
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Appeal from Cleburne Chancery Court; George T. Humphries, Chancellor; J. M. Crone brought this suit to have a deed from Hammock to King declared a mortgage, alleging that he had purchased the land, 138 acres, from Hammock and borrowed .money from King with which to pay for it; that Hammock executed the deed to King, which was intended only to secure the repayment of the money to him, and that on the same day King executed to plaintiff a bond for title for the east portion of the land containing seventy acres, and also executed to one Arthur Harkey a bond for title for the west portion,…
1Opinion of the Court
1. Deed — deed as mortgage — previous transactions. — Where the evidence shows that K. sold certain land to C., giving a bond for title for the same and taking purchase money notes from C., the transaction will be held to be a sale, irrespective of previous transactions between the parties, whereby K. acquired title from one H. by a method which C. declares constituted a mortgage between himself and K.
3. Appeal and error — findings of chancellor — reversal.—Where the findings of the chancellor are against the decided weight of the testimony, the decree will be reversed.
reversed.
STATEMENT BY…
2Cases cited15 opinions
- Hays v. EmersonSupreme Court of Arkansas · 1905
- Hinkle v. BroadwaterSupreme Court of Arkansas · 1905
- Rushton v. McIllveneSupreme Court of Arkansas · 1908
- Whitehead v. HendersonSupreme Court of Arkansas · 1899
- Doniphan, Kensett & Searcy Railroad v. Missouri & North Arkansas RailroadSupreme Court of Arkansas · 1912
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