Carpenter v. Zarbuck
Supreme Court of Arkansas
Appeals from Arkansas Circuit and Chancery Courts. The mortgage was void. Martindale, Conveyancing, 63; 36 Ark. 404. The notice of the sale was improper. 60 Am. Dec. 753; Rorer, Jud. Sales, 99; 71 Am. Dec. 447; 49 Mo. 451. Appellant had a right to redeem. 39 Ark. 580; 42 Ark. 2x5; 52 Ark. 132; 59 Ark. 147; Vanfleet, Coll.
Read the full summary
Appeals from Arkansas Circuit and Chancery Courts. The mortgage was void. Martindale, Conveyancing, 63; 36 Ark. 404. The notice of the sale was improper. 60 Am. Dec. 753; Rorer, Jud. Sales, 99; 71 Am. Dec. 447; 49 Mo. 451. Appellant had a right to redeem. 39 Ark. 580; 42 Ark. 2x5; 52 Ark. 132; 59 Ark. 147; Vanfleet, Coll. Att. § 2. A grantee must take notice of the defects in the grantor’s title. 29 Ark. 650; 35 Ark. 100; 57 Ark. 628. Appellee was not bound by the recitals in the commissioner’s deed. 45 Ark. 81, 309. The decree of foreclosure cannot be collaterally attacked. 25 Ark. 58; 50…
1Opinion of the CourtMcCulloch, J.
These two causes, both embracing the same tract of land, are' submitted and determined together. One is an ejectment suit against Zarbuck, the tenant of the appellee in the other suit; and the other is a suit in equity attacking the validity of a mortgage sale under which appellee Rika Lehners claims title to the lands. The parties claim title from common source.
One- Penhaiter owned the lands, and executed a mortgage thereon to Cremer & Company, a firm composed of C. A. and S. P. Cremer, to secure the payment of a note for $700. Upon default in payment of the note, said firm of Cremer &…
2Cases cited8 opinions
- Boyd v. RoaneSupreme Court of Arkansas · 1887
- Percifull v. PlattSupreme Court of Arkansas · 1880
- Fletcher v. MansurIndiana Supreme Court · 1854
- Chicago Lumber Co. v. AshworthSupreme Court of Kansas · 1881
- State National Bank v. NeelSupreme Court of Arkansas · 1890
3 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Tube City Mining & Milling Co. v. OttersonArizona Supreme Court · 1914
- Gleason v. BooneSupreme Court of Arkansas · 1916
- Baker v. Home Building & Loan Ass'nSupreme Court of Oklahoma · 1937
- Alexander v. StackSupreme Court of Arkansas · 1927
- Christopher v. WassonSupreme Court of Arkansas · 1939