Wilson v. Shocklee

• Decision Date: 21 March 1910
• Citation: 126 S.W. 832
• Parties: WILSON v. SHOCKLEE.
• Court: Arkansas Supreme Court

126 S.W. 832

WILSON v. SHOCKLEE.

Supreme Court of Arkansas.

March 21, 1910.

Appeal from Columbia Chancery Court; J. M. Barker, Chancellor.

Action by Mrs. Fannie M. Shocklee against J. B. Wilson and another. From a decree for plaintiff, defendant Wilson appeals. Affirmed.

See, also, 123 S. W. 403.

This action was instituted by Mrs. Fannie M. Shocklee in the Columbia chancery court against J. B. Wilson and J. E. Farris. It was commenced in November, 1907, and its object was to enforce a vendor's equitable lien on 226 acres of land situated in Columbia county, or to redeem from a mortgage on said lands executed in favor of the defendant Wilson.

Wilson filed a separate answer, in which he interposed the defense of an innocent purchaser for value of said lands. The facts are as follows: On the 15th day of May, 1904, J. E. Farris and N. L. Malone purchased a machine, called a "merry-go-round," from M. L. Martin Company, and gave their note in the sum of $1,500, indorsed by J. E. Smith and J. J. Murphy, for the purchase price. The note was made payable on or before the 15th day of May, 1904, and it was agreed that the title to the machine should remain in the vendor until paid for. Farris and Malone applied to J. B. Wilson for a loan to pay off said note and offered to give him as security therefor a lien on certain real and personal property belonging to them. Wilson deemed the security insufficient and refused to make the loan. It was then agreed that T. M. Shocklee should sell to Farris the land in controversy, and that Farris should mortgage the same to Wilson as additional security for the loan. Pursuant to this agreement, on the 9th day of May, 1904, T. M. Shocklee executed to J. E. Farris a deed to the lands in controversy for the consideration of $800, which was recited in the deed to have been paid. The consideration, however, was not in fact paid, and Farris gave to T. M. Shocklee his two promissory notes therefor. Mrs. Fannie M. Shocklee, the wife of T. M. Shocklee, signed the deed and acknowledged her relinquishment of dower and homestead therein. On the 12th day of May, 1904, J. E. Farris and his wife executed a mortgage on said lands in favor of J. B. Wilson, to secure the payment of the $1,500 above referred to, which was made payable on the 15th day of October, 1904. After the deed of T. M. Shocklee to J. E. Farris was executed, it was learned that the title to the lands was in Fannie M. Shocklee. On the 16th day of May, 1904, Fannie M. Shocklee executed a deed to J. E. Farris to the lands in controversy, and the consideration, which was recited in it as paid, remained the same as in deed of T. M. Shocklee. Default having been made in the payment of the mortgage debt, Wilson caused the mortgage to be foreclosed under the power of sale contained in it and became the purchaser at the foreclosure sale on the 25th day of February, 1905, for the sum of $458.33½. On the 28th day of February, 1906, the trustee, who made the sale, under the power contained in the mortgage, executed to J. B. Wilson a deed to said lands.

At the hearing of the case, it was shown by the testimony of J. E. Farris and T. M. Shocklee that J. B. Wilson knew, at the time he made the loan to J. E. Farris and Farris executed the mortgage to him, that the purchase price of the land had not been paid. These two witnesses and Mrs. Fannie Shocklee also testified that they were present in a justice court where there was a trial between Mrs. Fannie M. Shocklee and J. B. Wilson over the rent of the land, and heard Wilson say that he had asked Shocklee if he was not afraid to let Farris have the land for the reason that Farris might never pay for it.

Mrs. Fannie M. Shocklee in her own behalf testified that the land was conveyed to her several years before she conveyed it to Farris; that she was the owner of it at the time she executed the deed to Farris; that Farris was to pay her $800 for the land; that the purchase price had never been paid; that she never saw the notes given for the purchase money until after she had executed the...