Woodrow v. Riverside Greyhound Club, Inc

• Decision Date: 25 May 1936
• Docket Number: 4-4280
• Citation: 94 S.W.2d 701,192 Ark. 770
• Parties: WOODROW v. RIVERSIDE GREYHOUND CLUB, INC
• Court: Arkansas Supreme Court

94 S.W.2d 701

192 Ark. 770

WOODROW v. RIVERSIDE GREYHOUND CLUB, INC

4-4280

Supreme Court of Arkansas

May 25, 1936

Appeal from Crittenden Chancery Court; J. F. Gautney, Chancellor affirmed.

Decree affirmed.

Harrison Smith & Taylor, for appellants.

N F. Lamb, Chas. D. Frierson, Charles Frierson, Jr., for appellees.

OPINION

JOHNSON, C. J.

On February 28, 1935, E. E. Fox and wife for a recited consideration of $ 650, conveyed to L. D. Landers the "Harahan Racing Park" which is a small acreage tract of land situated on the west bank of the Mississippi River in Crittenden county, Arkansas, and immediately adjacent to the city of Memphis, Tennessee. For the purposes of this opinion it is not necessary to describe this tract of land by metes and bounds. The granting clause of this deed of conveyance reads as follows:

"That we, E. E. Fox, of Columbus, county of Franklin, State of Ohio, and Frances M. Fox, his wife, for and in consideration of the sum of six hundred and fifty and 00/100 ($ 650.00) dollars, of which three hundred and fifty ($ 350) dollars was paid in cash, the receipt of which is hereby acknowledged, and one promissory note of even date, in the sum of three hundred ($ 300) dollars, being due and payable on or before the 28th day of August, 1935, by L. D. Landers, the said E. E. Fox, and wife, Frances M. Fox, do hereby grant, sell and quitclaim unto the said L. D. Landers all of their right, title and interest, in and to the following lands lying in Crittenden County, State of Arkansas, to-wit:"

Subsequent to the delivery of said deed the appellants here, John A. Woodrow, Shirley J. Cowing, John Mackler and J. H. Ellis instituted this suit in the Crittenden Chancery Court against, L. D. Landers, Mabel Landers, Riverside Greyhound Club, E. E. Fox, Frances M. Fox, R. V. Wheeler and George H. Partin, appellees here, the purpose of which was to obtain a decree declaring appellees trustees of said tract of land instead of owners in fee as they appear to be of record.

Generally, it was alleged by appellants that the Landers, Wheeler and Partin entered into a conspiracy the purpose of which was to acquire by fraudulent means and methods the "Harahan Racing Park" property. Specifically the complaint alleged that appellants are the owners in fee of said property and that E. E. Fox held the naked legal title thereto; that the Landerses, Wheeler and other appellees well knew of the limitations upon Fox's title at the time of the conveyance first mentioned and purchased subject to the trust relation; that as an inducement and procuring cause of said purchase and sale Partin falsely, fraudulently and corruptly represented to Fox that the property had been sold for State and levee taxes and that the time for redemption thereof had long since expired; that said representations were knowingly and wilfully false and untrue and were made for the purpose and did induce Fox to execute said deed. Other things are alleged by appellants, but the above will suffice to show the trend of the issues joined.

By joint and separate answers all the material allegations of the complaint were put in issue. The appellees, Riverside Racing Club, Landers and Wheeler affirmatively pleaded that they and each of them were and are innocent purchasers for value of said tract of land and without notice of any trust relation between Fox and appellants at the time of the purchase.

Upon testimony adduced by the parties the chancellor dismissed appellants' complaint for want of equity from which this appeal comes.

We have concluded that the chancellor was correct in dismissing the complaint for the following reasons: first, that appellees Riverside Greyhound Club and the Landerses by their respective purchases from Fox occupy the position of innocent purchasers for value without notice of appellant's asserted rights. This conclusion is impelled because the law is well settled in this State, as well as elsewhere, that one who purchases property in good faith and...