Pelt v. Payne
Supreme Court of Arkansas
Appeal from Lafayette Circuit Court in Chancery; Charles W. Smith, Judge; The mortgage was execrited, the sale made and the decree rendered while the act of March 18, was in force. Acts 1887, p. 90. But since then the act of April 13, 1893, was passed, declaring all deeds, mortgages, etc., valid. The mortgage is good, and the decree below erroneous.
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Appeal from Lafayette Circuit Court in Chancery; Charles W. Smith, Judge; The mortgage was execrited, the sale made and the decree rendered while the act of March 18, was in force. Acts 1887, p. 90. But since then the act of April 13, 1893, was passed, declaring all deeds, mortgages, etc., valid. The mortgage is good, and the decree below erroneous. The law in force at the time the court passes on a question is the law that governs. 58 Ark. 117. 1. The deed in this case was invalid to every extent and as to all persons. 57 Ark. 242. It was a nullity, and the Legislature cannot validate a…
1Opinion of the CourtRiddick, J.
The appellees, Z. T. Payne et al., being indebted to appellants, James Pelt and Samuel Peh, partners under the firm name of Pelt & Bro., in the sum of seventeen hundred dollars, gave them a mortgage on lands to secure the same. The lands mortgaged consisted of the homestead of appellees, Z. T. Payne, W. B. Johnson and T. M. Davis. Each of said mortgagors was a married man, and the wife of neither of them joined in the deed except to relinquish dower. The appellees brought this suit in equity to have said mortgage declared void, and to remove it as a cloud from their title. There was a…
2Cases cited5 opinions
- Green v. AbrahamSupreme Court of Arkansas · 1884
- State ex rel. Mayor of Baltimore v. NorwoodCourt of Appeals of Maryland · 1858
- Chicot County v. DaviesSupreme Court of Arkansas · 1882
- Sidway v. LawsonSupreme Court of Arkansas · 1893
- Glidewell v. MartinSupreme Court of Arkansas · 1889
3Cited by11 opinions
- Butler v. KavanaughSupreme Court of Arkansas · 1912
- Edworthy v. Iowa Savings & Loan Ass'nSupreme Court of Iowa · 1901
- Saak v. HicksSupreme Court of Oklahoma · 1958
- Huff v. UdeySupreme Court of Arkansas · 1927
- Van Hook v. McNeil Monument Co.Supreme Court of Arkansas · 1913
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