Hamilton v. Rhodes
Supreme Court of Arkansas
Appeal from Mississippi Chancery Court. Edward D. Robertson, Chancellor. The trustee’s sale was void because the land was sold for less than two-thirds of its appraised value. Sand. & H. Dig. § 5111; 55 Ark. 268. The recitals of the deed are conclusive on the trustee. 44 Ark. 180; 30 Ark. 418; 29 Ark. 489. Said deed of trust had been satisfied in full at the time of the foreclosure, and the account after August 1, 1897, was not secured by the trust deed. 1 Greenlf.
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Appeal from Mississippi Chancery Court. Edward D. Robertson, Chancellor. The trustee’s sale was void because the land was sold for less than two-thirds of its appraised value. Sand. & H. Dig. § 5111; 55 Ark. 268. The recitals of the deed are conclusive on the trustee. 44 Ark. 180; 30 Ark. 418; 29 Ark. 489. Said deed of trust had been satisfied in full at the time of the foreclosure, and the account after August 1, 1897, was not secured by the trust deed. 1 Greenlf. Ev. '§ § 128, 295; 2 Greenlf. Ev. 248, 252; 20 Am. & Eng. Enc. Law, 962-964; 49 Ark. 430; 50 Ark. 2591 Ark. 285; 36' Ark. 97; 30…
1Opinion of the CourtHughes, J.
As stated in appellant’s abstract and brief, this was an action instituted in the chancery court of Mississippi county to set aside a trustee’s sale of certain lands, made in foreclosure of a trust deed executed by the late J. M. Hamilton and wife to J. E. Sloan as trustee for the use and benefit of J. W. Rhodes & Co., at which sale J. W. Rhodes, one of the appellees herein, became the purchaser of said lands.
The trust deed under which this sale was made was given to secure the said J. W. Rhodes & Co. in the payment by the said J. M. Hamilton of two several and distinct debts, the one a…
2Cases cited7 opinions
- Hamilton v. LubukeeIllinois Supreme Court · 1869
- Caldwell v. HallSupreme Court of Arkansas · 1887
- Hughes v. JohnsonSupreme Court of Arkansas · 1881
- Spottswood v. HerrickSupreme Court of Minnesota · 1876
- White v. McClellanCourt of Appeals of Maryland · 1884
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3Cited by2 opinions
- Lyon v. BassSupreme Court of Arkansas · 1905
- Merryman v. BlountSupreme Court of Arkansas · 1906