Prall v. Richards
Supreme Court of Arkansas
Appeal from Sebastian Chancery Court; /. V. Bourland, Chancellor; 1. An action to remove a cloud on title can not be maintained unless the plaintiff has both the legal title and possession, or his title be an equitable one. 37 Ark. 643; 44 Ark. 436. The owner of land can not maintain a suit to remove a cloud created by himself. • 58 Mich. 347. 2. A grantee in a mortgage may act for himself and another, and the nature of his trusteeship need not be set out in the instrument,…
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Appeal from Sebastian Chancery Court; /. V. Bourland, Chancellor; 1. An action to remove a cloud on title can not be maintained unless the plaintiff has both the legal title and possession, or his title be an equitable one. 37 Ark. 643; 44 Ark. 436. The owner of land can not maintain a suit to remove a cloud created by himself. • 58 Mich. 347. 2. A grantee in a mortgage may act for himself and another, and the nature of his trusteeship need not be set out in the instrument, as it may be shown by proof aliunde. 28 Ark. 75; S3 Ark. 537. The mortgage, as the proof shows, was given for the sole…
1Opinion of the CourtMcCulloch, C. J.
Plaintiff, Mary E. Richards, while residing at Muskogee, I. T., in the year 1907, executed a mortgage to defendant Prall on certain lots which she owned in the town of Hartford, Ark., to secure the payment of a promissory note for $250, executed to defendant on the same date. She instituted this aotion in the chancery court of Sebastion County to restrain defendant from foreclosing the mortgage as threatened, and to remove it as a cloud on her title. She alleged that she was not indebted to defendant in any sum, that the note and mortgage were executed to defendant solely to secure him in…
2Cases cited1 opinion
- Niagara Fire Insurance v. BoonSupreme Court of Arkansas · 1905
3Cited by1 opinion
- Graves v. CarlinSupreme Court of Arkansas · 1937