Hockaday v. Warmack
Supreme Court of Arkansas
Appeal from Miller Chancery Court; Jas. D. Shaver, Chancellor; STATEMENT BY THE COURT. On November 17,1913, appellant exchanged with appellee .a hotel in Kingfisher, Oklahoma, for a plantation containing 883 acres of land and certain personal property in Miller County, Arkansas. There was .a mortgage on the land for $18,000, which, with interest, amounted to over nineteen thousand dollars, which the appellant assumed.
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Appeal from Miller Chancery Court; Jas. D. Shaver, Chancellor; STATEMENT BY THE COURT. On November 17,1913, appellant exchanged with appellee .a hotel in Kingfisher, Oklahoma, for a plantation containing 883 acres of land and certain personal property in Miller County, Arkansas. There was .a mortgage on the land for $18,000, which, with interest, amounted to over nineteen thousand dollars, which the appellant assumed. Each party was to pay the taxes for the year 1913 on the property received by them respectively in the exchange. On December 22,1913, appellee sold the hotel, which he had…
1Opinion of the Court
Wood, J.,
(¡after stating the facts). The evidence is voluminous and we will not undertake to 'set out and discuss in detail all the evidence bearing upon the issues as it ¡could ¡serve no useful purpose and would unnecessarily extend the ¡opinion.
I. (1) The appellant contends that the garnishment proceedings prevented him from complying with his contract to execute the note and mortgage for the hotel property of the appellee, and that he is therefore not liable for the interest on the $5,000 deposited in the bank. It is ia well 'settled rule that a garnishee, after service of the writ upon…
2Cases cited7 opinions
- J. H. Magill Lumber Co. v. Lane-White Lumber Co.Supreme Court of Arkansas · 1909
- Stewart v. FlemingSupreme Court of Arkansas · 1910
- Bergman v. Sells & Co.Supreme Court of Arkansas · 1882
- Sanders v. BrownSupreme Court of Arkansas · 1898
- Williams v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Arkansas · 1913
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Williams v. J. W. Black Lumber Co.Supreme Court of Arkansas · 1982
- Harris v. HarrisSupreme Court of Arkansas · 1941
- Gossett v. Merchants & Planters BankSupreme Court of Arkansas · 1962
- Sewell v. HarkeySupreme Court of Arkansas · 1943
- Bray v. WilleySupreme Court of Arkansas · 1965
2 more not listed; retrieve them via the Exa API.