Smith v. Scarbrough
Supreme Court of Arkansas
Appeal from Bogan Circuit Court in Chancery. Oscar B. Miues, special judge. 1. The Jarvis-Conklin Mortgage Trust Co. was a necessary party. 2. There was no proof to sustain the decree.
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Appeal from Bogan Circuit Court in Chancery. Oscar B. Miues, special judge. 1. The Jarvis-Conklin Mortgage Trust Co. was a necessary party. 2. There was no proof to sustain the decree. The only proof was that Scarbrough owned and occupied, as a homestead, the land on the 11th day of January, 1889. The notes and mortgage were dated January 1, 1889, and were presumptively delivered on that day. 14 Ark. 29 ; 62 Wis. 380. This presumption holds good, although the instrument was acknowledged at a later date. 15 N. E. 674 ; 41. I1Í. 439; 33 Me. 446 ; 42 111. 413 ; 10 B. Mon. 175 ; 10 Gray, 66.
1Opinion of the CourtBunn, C. J.
This is an action determined in the Bogan circuit court, in chancery, wherein the appellant, as plaintiff in the court below, filed his bill to foreclose a mortgage of record, on the failure of the mortgagor to pay off two detached interest coupons; the principal bond and other coupons being outstanding and in the hands of other parties referred to in the complaint. The mortgage, bond and coupons, are dated 1st January, 1889, and the mortgage was acknowledged 11th of January, 1889, and subsequently recorded. The mortgagor, Thomas . C. Scarbrough, and his wife, Nannie I/. Scarbrough,…
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