Greer v. Turner
Supreme Court of Arkansas
CROSS-APPEALS from White Circuit Courtin Chancery. Hon. J. N. Cypert, Circuit Judge. Rents are paid for possession, and are due to the person from whom the land passed. 3 Kent’s Com., p. 463. Mandate of this court made it obligatory on court below to enter a specific decree. 13 Ark., 103; 29 Ark., 185. Hence, the supplemental bill improper. See, also, 5 Ark., 202; 29 ib., 97-8; 13 Ark, 654; St. Eq. PI, secs. 333, 336, 338; 2 Madd., 53; Hof.
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CROSS-APPEALS from White Circuit Courtin Chancery. Hon. J. N. Cypert, Circuit Judge. Rents are paid for possession, and are due to the person from whom the land passed. 3 Kent’s Com., p. 463. Mandate of this court made it obligatory on court below to enter a specific decree. 13 Ark., 103; 29 Ark., 185. Hence, the supplemental bill improper. See, also, 5 Ark., 202; 29 ib., 97-8; 13 Ark, 654; St. Eq. PI, secs. 333, 336, 338; 2 Madd., 53; Hof. Ch. Pr., p. 392; Prodie v. Watkins, 32 Ark. Supplemental bill is for recovery of land by one out of possession, and will not lie. 30 Ark., p. 585 ; 3…
1Opinion of the Court
STATEMENT.
Eakin, J.
It was ruled, in this cause (see 31 Ark., 430), that Turner, by virtue of his redemption from the purchaser at execution sale, had become the owner of the equity of redemption in the lands in question, subject to the debt secured thereon hy the deed of trust of which Greer- & Baucum were the owners. The cause was remanded, with instructions to the effect that if Turner should fail to make good his tender or pay the debt on a day to be fixed for the purpose, the lands should be sold and the proceeds applied to the debt, interest and costs— the surplus to go to Turner. It was…
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