Watson v. Pugh

Citation10 S.W. 493
PartiesWATSON <I>v.</I> PUGH.
Decision Date16 February 1889
CourtSupreme Court of Arkansas

Appeal from circuit court, Ashley county; C. D. WOOD, Judge.

J. W. Van Gilder, for appellant. M. L. Hawkins and Jones & Martin, for appellee.

COCKRILL, C. J.

This is an action by Pugh, the mortgagee of one Simmes, to recover of Watson the value of six bales and a fraction of the mortgaged cotton, which Watson had converted to his own use. Watson claimed to be the landlord of Simmes, and to have received the cotton from him in discharge of his landlord's superior lien for rent. The facts in relation to this claim are as follows: One Bell, while the owner of the land, executed to Simmes a bond, covenanting to make him a deed when the purchase price agreed upon should be paid. Simmes was let into possession under his contract to purchase. He made a small payment of purchase money, built houses, and cleared 75 or 80 acres of land, all of which was wild and unimproved when he purchased. After the last installment of purchase money became due, Bell conveyed his interest in the land to Watson. Bell testifies in general terms, without giving any particulars of the transaction, that there was an understanding between him and Simmes at that time that their contract was canceled. There was no written agreement to that effect. Simmes' notes for the purchase money were not surrendered to him, but were transferred to Watson; the bond for title was not taken up; Simmes was permitted to remain in possession as before, without any claim upon him to pay rent; the lands were assessed to and the taxes paid by him; and he testified that the contract to purchase had never been rescinded, and that he had always held possession as owner. In the mean time Watson notified him that he had purchased the land from Bell, and would enter into a new contract of purchase on better terms than the one he held. No new contract was made, but Watson permitted him to hold the land for several years after the conveyance from Bell, as purchaser, and with the sole expectation of collecting the purchase money. At this juncture Simmes executed the mortgage to Pugh, covering the cotton in dispute. A few weeks thereafter Watson took a note from Simmes for $400, payable in the fall of the same year. It specified that it was for rent of the land which Simmes was holding. It was for about twice as much as any witness who testified to the point thought the land would rent for. Simmes, who is an unlettered man, testified that it was the understanding between him and Watson that the amount to be paid on his...

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1 cases
  • Watson v. Pugh
    • United States
    • Supreme Court of Arkansas
    • 16 Febrero 1889

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