Robards v. Brown
Supreme Court of Arkansas
APPEAL from Logan Circuit Court. Hon. J. H. Rogers, Circuit Judge. The act of March 17th, 1879, so far as it requires the , property to bring two-thirds of its appraised value, is conceded to be unconstitutional, but the right of redemption may be extended to sales under judgments rendered upon contracts in existence prior to the passage of the law. A law may be valid in part and invalid in part, and the valid will stand if separable, &c. Cooley Con.
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APPEAL from Logan Circuit Court. Hon. J. H. Rogers, Circuit Judge. The act of March 17th, 1879, so far as it requires the , property to bring two-thirds of its appraised value, is conceded to be unconstitutional, but the right of redemption may be extended to sales under judgments rendered upon contracts in existence prior to the passage of the law. A law may be valid in part and invalid in part, and the valid will stand if separable, &c. Cooley Con. Lim., 214-19; People v. Ball, 46 N. Y., 68; 47 lb., 608; 50 lb., 566; 2 Pet., 526; 13 Am. L. B., 53; Turner v. Watkins, 31 Ark., 444; Sec. 2696…
1Opinion of the CourtSmith, J.
In 1874 C. G. Scott and wife and Henry C. Robards and wife executed to Augustus J. Ward as trustee a deed of trust upon several tracts of land to secure the payment of sundry debts. Power and directions were given to the trustee to sell the lands and distribute the proceeds upon the happening of certain contingencies. In 1880 the trustee advertised and sold the premises to Brown, who paid his bid and received his conveyance. In making the sale, the trustee paid no attention to the act of March 17, 1879,-entitled “An act to regulate the sale of property under mortgages and deeds of trust.” The…
2Cases cited5 opinions
- Von Hoffman v. City of QuincySupreme Court of the United States · 1867
- Edwards v. KearzeySupreme Court of the United States · 1878
- McCracken v. HaywardSupreme Court of the United States · 1844
- Curran v. ArkansasSupreme Court of the United States · 1853
- Scobey v. GibsonIndiana Supreme Court · 1861
3Cited by19 opinions
- Petty v. Missouri & Arkansas Railway Co.Supreme Court of Arkansas · 1943
- Adams v. SpillyardsSupreme Court of Arkansas · 1933
- Reed v. SwanSupreme Court of Missouri · 1896
- Ellison v. TubbSupreme Court of Arkansas · 1988
- Crittenden Hosp. Ass'n v. BOARD OF EQUALIZATION, CRITTENDEN CTY.Supreme Court of Arkansas · 1997
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