Sorrels v. Childers
Supreme Court of Arkansas
Appeal from Pope Chancery Court; Jordan Sellers, Chancellor; 1. The widow Sarah E. acquired a complete title by buying the Sisney note and mortgage and by foreclosing and purchasing at the sale. Sorrels became an innocent purchaser and has a valid title. The widow succeeded to all the rights of Sisney. 51 Ark. 105; 43 Id. 504; 101 Id. 543; 53 Id. 185; 27 Cyc. par. “C,” p. 1207 and “E,” p. 1299 and “A” 1449, etc.; 47 Ark. 515; 95 Mich. 71; 54 N. W. 701; 40 Hun.
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Appeal from Pope Chancery Court; Jordan Sellers, Chancellor; 1. The widow Sarah E. acquired a complete title by buying the Sisney note and mortgage and by foreclosing and purchasing at the sale. Sorrels became an innocent purchaser and has a valid title. The widow succeeded to all the rights of Sisney. 51 Ark. 105; 43 Id. 504; 101 Id. 543; 53 Id. 185; 27 Cyc. par. “C,” p. 1207 and “E,” p. 1299 and “A” 1449, etc.; 47 Ark. 515; 95 Mich. 71; 54 N. W. 701; 40 Hun. (N. T.) 376; 122 Ark. 341. 2. There was no fraud and no trust created. 114 Ark. 128; 89 Id. 168. 1. Upon the payment of the mortgage…
1Opinion of the Court
Wood, J.,
(after stating the facts). (1) The contention of counsel for appellant is shown in the concluding portion of his brief, wherein he says that, “Had Sisney foreclosed the mortgage under the power of sale contained in same, as Mrs. Holland did, he could have purchased all or any part of same at his sale, made himself. ” The conclusion of counsel is unsound for the simple reason that Mrs. Childers (afterwards Holland), as the mother of the minor children of Gr. W. Childers, stood in the relation to them as natural guardian. She, jointly, with the minor children, occupied the homestead…
2Cases cited5 opinions
- Hindman v. O'ConnorSupreme Court of Arkansas · 1891
- Clements v. CatesSupreme Court of Arkansas · 1887
- Foreman v. Holloway & SonSupreme Court of Arkansas · 1916
- Burel v. BakerSupreme Court of Arkansas · 1909
- Haynes v. MontgomerySupreme Court of Arkansas · 1910
3Cited by10 opinions
- Montague v. Missouri & Kansas Interurban Railway Co.Supreme Court of Missouri · 1924
- Hardy v. HardySupreme Court of Arkansas · 1950
- Meloy v. Nashville Trust Co.Tennessee Supreme Court · 1941
- Freeman v. MartinTennessee Supreme Court · 1944
- McLaughlin v. MorrisSupreme Court of Arkansas · 1921
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