Latham v. First National Bank
Supreme Court of Arkansas
Appeal from Sebastian Chancery Court; Fort Smith District; /. Virgil- B our land, Chancellor; STATEMENT BY TI-IE COURT. On December 15, 1906, appellee loaned to W. F. Latham one thousand dollars, for which Latham executed his note, due sixty days after date. The note was not. paid, and appellee brought this suit to recover the amount of the note.
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Appeal from Sebastian Chancery Court; Fort Smith District; /. Virgil- B our land, Chancellor; STATEMENT BY TI-IE COURT. On December 15, 1906, appellee loaned to W. F. Latham one thousand dollars, for which Latham executed his note, due sixty days after date. The note was not. paid, and appellee brought this suit to recover the amount of the note. The complaint alleged that W. F. Latham to secure the note assigned to the bank a lease on a certain lot in the city of Fort Smith; that Mrs. Latham claimed the lease; that the tenants would pay the rents to W. F. Latham or Mrs. Latham unless…
1Opinion of the Court
Wood, J.,
(after stating the facts). There is no evidence in the record to support the finding of the chancellor that when W. F. Latham sold the lot in Fort Smith to his wife “he retained the lease on said building and the right to collect the rents therefrom.” The deed contains no such reservation. On the contrary, Mrs. Latham, by the express terms of the grant, acquired the land mentioned and “all the privileges thereunto appertaining.” That the fee simple title to the land carries with it the right to its absolute dominion is axiomatic; and where the property 'is rented at the time it is…
2Cases cited10 opinions
- Driggs & Co.'s Bank v. NorwoodSupreme Court of Arkansas · 1887
- City Electric Street Railway Co. v. First National Exchange BankSupreme Court of Arkansas · 1896
- Davis v. YongeSupreme Court of Arkansas · 1905
- Holland v. RogersSupreme Court of Arkansas · 1878
- Chrisman v. CarneySupreme Court of Arkansas · 1878
5 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Cox v. SmithSupreme Court of Arkansas · 1911
- Gailey v. RickettsSupreme Court of Arkansas · 1916
- Pierce v. FiorettiSupreme Court of Arkansas · 1919
- Umberger v. WestmorelandSupreme Court of Arkansas · 1951
- Webster v. TelleSupreme Court of Arkansas · 1928
18 more not listed; retrieve them via the Exa API.