Turman v. Sanford
Supreme Court of Arkansas
Appeal from Scott Circuit Court. Jno. B. Me Caleb, Judge. STATEMENT BY THE COURT. William B. Turman was on the 28th day of August, 1882, the owner of the tract of land in controversy. On that day J. C. G-ilbreatli, without having any title, mortgaged it to A. D. Peace. Afterwards on the 11th day of August, 1884, Turman conveyed the same land to Gilbreath, and received back from Gilbreath a bond for title.
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Appeal from Scott Circuit Court. Jno. B. Me Caleb, Judge. STATEMENT BY THE COURT. William B. Turman was on the 28th day of August, 1882, the owner of the tract of land in controversy. On that day J. C. G-ilbreatli, without having any title, mortgaged it to A. D. Peace. Afterwards on the 11th day of August, 1884, Turman conveyed the same land to Gilbreath, and received back from Gilbreath a bond for title. The conveyance from Turman to Gilbreath, though in the form of an absolute deed, was in fact a mortgage, and was afterwards so declared in a litigation between Turman and the administrator…
1Opinion of the Court
Riddick, J.,
(after stating the facts). The questions presented by this appeal are: Did the mortgage from Turman to. Gilbreath inure to the benefit of Gilbreath’s mortgagee, Peace? And did Sanford, by purchasing at the Peace foreclosure sale, succeed to the rights of Peace, and become entitled to the possession of the land? The statute upon which Sanford bases his right to recover is as follows: “If any person shall convey any real estate by deed purporting to convey the same in fee simple absolute, or any less estate, and shall not at the time of such conveyance have the legal estate in such…
2Cases cited3 opinions
- Kline v. RaglandSupreme Court of Arkansas · 1886
- Terry v. RosellSupreme Court of Arkansas · 1877
- Mills v. ShepardSupreme Court of Connecticut · 1861
3Cited by14 opinions
- Singer v. NaronSupreme Court of Arkansas · 1911
- Abbott v. ParkerSupreme Court of Arkansas · 1912
- Moore v. MorrisSupreme Court of Arkansas · 1915
- Rozell v. Chicago Mill & Lumber Co.Supreme Court of Arkansas · 1905
- Broadway v. SidwaySupreme Court of Arkansas · 1907
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