Shaw v. Polk
Supreme Court of Arkansas
Appeal from Clay Chancery Court, Western District; Archer Wheatley, Chancellor; STATEMENT OE EAOTS. On the 19th day of March, 1920, appellants brought this suit in equity against appellees to cancel and set aside a deed to forty acres of land on the ground that the proceedings in the mortgage foreclosure sale under which appellees purchased were void. Appellees interposed the plea of res judicata and the statute of limitations.
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Appeal from Clay Chancery Court, Western District; Archer Wheatley, Chancellor; STATEMENT OE EAOTS. On the 19th day of March, 1920, appellants brought this suit in equity against appellees to cancel and set aside a deed to forty acres of land on the ground that the proceedings in the mortgage foreclosure sale under which appellees purchased were void. Appellees interposed the plea of res judicata and the statute of limitations. The forty-acre tract of land in controversy was the homestead of John Denton, who died intestate in Clay County, Ark., on January 11, 1912. He left surviving him M. J.…
1Opinion of the Court
Hart, J.,
(after stating the facts). It is first insisted by counsel for appellants that the foreclosure proceedings commenced by W. D. Polk against appellants on September 8,1913, are void and of no effect because the land was misdescribed in his complaint and in the notice and report of sale. Hence they contend that appellees are mortgagees in possession within the rule anounced in Lesser v. Reeves, 142 Ark. 320, and that the proof shows that they have collected sufficient rents and profits to pay off the mortgage.
In making this contention counsel have not taken into consideration the effect…
2Cases cited7 opinions
- Miller v. HenrySupreme Court of Arkansas · 1912
- Trumbull v. HarrisSupreme Court of Arkansas · 1914
- Taylor v. KingSupreme Court of Arkansas · 1918
- Lesser v. ReevesSupreme Court of Arkansas · 1920
- Estes v. LuckySupreme Court of Arkansas · 1918
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
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- Clegg v. EustaceIdaho Supreme Court · 1925
- Davidson v. HartsfieldSupreme Court of Arkansas · 1971
- Winfrey v. People's Savings BankSupreme Court of Arkansas · 1928
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