Morgan v. Mahony
Supreme Court of Arkansas
Appeal from Union Chancery Court; James M. Barker, Chancellor; 1. Only $41 was due on the mortgage debt, and this was settled by the collection of rents by a mortgagee in possession. Young had no lien by contract and no ‘ ‘ other indebtedness” after-incurred could be tacked to the mortgage debt past due. If the mortgage debt had not been paid by the rents, then only $41 and interest was due, and the land could only be sold for that amount.
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Appeal from Union Chancery Court; James M. Barker, Chancellor; 1. Only $41 was due on the mortgage debt, and this was settled by the collection of rents by a mortgagee in possession. Young had no lien by contract and no ‘ ‘ other indebtedness” after-incurred could be tacked to the mortgage debt past due. If the mortgage debt had not been paid by the rents, then only $41 and interest was due, and the land could only be sold for that amount. Morgan’s sons owed nothing for board. Young could have no lien for the sons’ board. 25 Cyc. 675, § § 4, 664; 51 Ark. 358.; 96 Ark. 98. 2. Under the law,…
1Opinion of the CourtHart, J.
On January 4, 1913, J. E. Morgan instituted this action in the chancery court against J. E. Mahony, trustee, and James Young to cancel a certain mortgage on real estate executed by him and to restrain J. E. Miahony, as substituted trustee, from proceeding further in the foreclosure of said mortgage or deed of trust. The material facts are as follows:
J. E. Morgan owned forty acres of land in Union County, Arkansas, and on the 4th day of January, 1907, executed to B. W. Beeves a deed of trust conveying said land to W. G-. Pendleton as trustee to secure an indebtedness of $200 due Beeves on…
2Cases cited1 opinion
- Green v. MaddoxSupreme Court of Arkansas · 1911
3Cited by2 opinions
- Mortimer v. East Side Savings BankAppellate Division of the Supreme Court of the State of New York · 1937
- Braun v. AskewSupreme Court of Arkansas · 1954