Walden v. Williams
Supreme Court of Arkansas
Appeal from White Chancery Court; John E. Martineau, Chancellor; 1. Walker had no interest in the land at the time of the mortgage. Williams and Walker doubtless were co-tenants, but their agreement was verbal until long after, the rights of appellant accrued. Their agreement was void. Kirby’s Digest, § 3654; 41 Ark. 169; 44 Id. 79; Am. Ann.
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Appeal from White Chancery Court; John E. Martineau, Chancellor; 1. Walker had no interest in the land at the time of the mortgage. Williams and Walker doubtless were co-tenants, but their agreement was verbal until long after, the rights of appellant accrued. Their agreement was void. Kirby’s Digest, § 3654; 41 Ark. 169; 44 Id. 79; Am. Ann. Cas., 1913 E. 655. Walker’s possession was not open, adverse nor exclusive and he ace not notice. 2. Appellant was an innocent purchaser. 49 Ark. 217; 71 Id. 31; 27 Cyc. 1187; Burdick on Beal Prop., § 201. 1. Walker had an interest in the land but was not…
1Opinion of the CourtMcCulloch, C. J.
This was an action in the chancery court of White County to quiet title to a small tract of land thirty-five yards wide and 150 yards deep, situated at a village or country store and postoffice in White County, known as “Walker’s Store.”
The tract of land was originally owned by P. G. Williams, who had the record title and who on February 20, 1908, mortgaged it to appellant, J. M. Walden, to secure a debt in the sum of $550 for borrowed money, evidenced by promissory note. The debt was not paid and appellant foreclosed the mortgage under the power therein com tained, and purchased the land at…
2Cases cited3 opinions
- Hammond v. PaxtonMichigan Supreme Court · 1885
- Roderick v. McMeekinIllinois Supreme Court · 1903
- Elliot v. LaneSupreme Court of Iowa · 1891
3Cited by3 opinions
- McDonald v. DabneySupreme Court of Georgia · 1926
- Scott v. CarnesSupreme Court of Arkansas · 1931
- Modern American Mortgage Corp. v. NelsonSupreme Court of Arkansas · 1971