Lewis v. Boskins
Supreme Court of Arkansas
APPEAL FROM ST. FRANCIS CIRCUIT COURT. ,IIon. Wm..Story, Circuit Judge. We submit that the balf .interest of tbe sister in tbe lands having been conveyed and fully paid for, tbe court erred in decreeing that tbe administrator of Brown bad a lien upon all tbe lands. Bailey vs. Greenleaf, 7 Wheat, 50. At most, Brown was only an agent for bis sister’s interest in tbe lands, and neither an agent or trustee could have a vendor’s lien. Burr vs. Bobinson, 25 Ark., 281.
1Opinion of the CourtHarrison, J.
William F. Brown and bis sister, Martha P. Seaborn, wife of John M. Seaborn, owning jointly a tract of land in St. Francis county, the said William F., in the year 1858 or 1859, with the consent and concurrence of his sister and her husband, sold the same to John Castleman for $2100. Castleman, at the time of the purchase, paid $1000, and gave Brown his note for $1100, payable at a future day, but when does not appear, and took from him a bond obliging himself to make him a deed of conveyance upon its payment, and, under his purchase, entered into the possession of the premises. Brown paid…
2Cases cited2 opinions
- Willison v. WatkinsSupreme Court of the United States · 1830
- Thredgill v. PintardSupreme Court of the United States · 1851
3Cited by13 opinions
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- Pugh v. StiglerSupreme Court of Oklahoma · 1908
- Herron v. HarbourSupreme Court of Oklahoma · 1919
- Higgs v. SmithSupreme Court of Arkansas · 1911
- Little Rock & Fort Smith Railway Co. ex rel. St. Louis, Iron Mountain & Southern Railway Co. v. RankinSupreme Court of Arkansas · 1913
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