Shattuck v. Byford
Supreme Court of Arkansas
Appeal from Franklin Circuit Court in Chancery, Ozark District. Jephtha H. Evans, Judge. 1. The answer does not set up the fact that the mortgage was void under the homestead act, and there was no evidence presented to sustain that defense. The sole defense was usury. Thompson, Homestead, etc., sec. 701-2; Beach, Eq. Pr., .sec. 516; 46 Ark. 103. Homestead should be pleaded.
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Appeal from Franklin Circuit Court in Chancery, Ozark District. Jephtha H. Evans, Judge. 1. The answer does not set up the fact that the mortgage was void under the homestead act, and there was no evidence presented to sustain that defense. The sole defense was usury. Thompson, Homestead, etc., sec. 701-2; Beach, Eq. Pr., .sec. 516; 46 Ark. 103. Homestead should be pleaded. Waples, Homesteads, 718; 26 Ark. 356; 42 id. 513; Thompson, Homestead, etc., 701; 29 id. 500; 24 id. 371; 6 id. 135; 59 id. 170; Mansf. Dig., sec. 5077. There is a total divergence between the alleg-ata and probata, and it…
1Opinion of the CourtBunn, C. J.
This is a bill to foreclose a mortgage on a tract of land in Franklin county, conveyed in said mortgage by James P. Byford and wife, Douisa Byford, to Albert R. Shattuck, as trustee, to secure a debt of $400 and interest, owing to the British & American Mortgage Company. William and Fletcher Peters, in some way not shown, became parties defendant in the outset, probably because they were in possession of the land when the suit was instituted, and they alone answered. In the answer, the defendants, William and Fletcher Peters, state that they purchased the land in question from Byford in…
2Cases cited3 opinions
- Pipkin v. WilliamsSupreme Court of Arkansas · 1893
- Sidway v. LawsonSupreme Court of Arkansas · 1893
- Bank of Harrison v. GibsonSupreme Court of Arkansas · 1895
3Cited by14 opinions
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- Winkle v. Grand National BankSupreme Court of Arkansas · 1980
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- Citizens' Fire Insurance v. LordSupreme Court of Arkansas · 1911
- Kahn v. MetzSupreme Court of Arkansas · 1908
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