Lanigan v. Sweany
Supreme Court of Arkansas
APPEAL from Sebastian Circuit Court in Chancery, Fort Tnith District. George A. Grace, Special Judge. Contended: I. That the deed executed by Dell was an efficient means of executing the power contained in the mortgage, if such was the intent. 2. That the intent to execute the power may be manifested, and will be presumed, when the instrument cannot have full operation and effect otherwise than as an execution of the power. 3. That the estate conveyed and the convenants…
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APPEAL from Sebastian Circuit Court in Chancery, Fort Tnith District. George A. Grace, Special Judge. Contended: I. That the deed executed by Dell was an efficient means of executing the power contained in the mortgage, if such was the intent. 2. That the intent to execute the power may be manifested, and will be presumed, when the instrument cannot have full operation and effect otherwise than as an execution of the power. 3. That the estate conveyed and the convenants contained in the deed were not supported by, and were not consistent with, any interest which Dell had in the property and…
1Opinion of the CourtHemingway, J.
This is a bill on the part of the plaintiffs, as the heirs at law of Pat Sweany, to redeem lands mortgaged by him in his life-time, and which it is alleged the appellees hold as assignees of the mortgage. The appellees allege that they acquired the land by purchase under the power of sale contained in the mortgage, and deny that they hold as mortgagees.
The mortgage was executed to Harriet A. Cabell as security for a note payable to her order eight months after date thereof; and it contained the provision, that if default should be made in the payment of the note, “the said Harriet A. Cabell,…
2Cases cited7 opinions
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- Edgerton v. YoungIllinois Supreme Court · 1867
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3Cited by7 opinions
- Brown v. NelmsSupreme Court of Arkansas · 1908
- Wirtz v. GordonMississippi Supreme Court · 1938
- Harper v. McGooganSupreme Court of Arkansas · 1913
- Oliver v. CulpepperSupreme Court of Arkansas · 1945
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