Hudson v. Snipes
Supreme Court of Arkansas
APPEAL from Jefferson Circuit Court. Hon. X. I. Pindall, Circuit Judge. Under codes which allow equitable defences in actions at law, a mortgagor, when sued for the mortgaged property, may claim the right to redeem, and may mitigate the recovery against him by reducing the judgment to the amount actually due on the mortgage. Jones on Ghat. Mort., 448 ; lb., 706. Ours is such a code.
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APPEAL from Jefferson Circuit Court. Hon. X. I. Pindall, Circuit Judge. Under codes which allow equitable defences in actions at law, a mortgagor, when sued for the mortgaged property, may claim the right to redeem, and may mitigate the recovery against him by reducing the judgment to the amount actually due on the mortgage. Jones on Ghat. Mort., 448 ; lb., 706. Ours is such a code. Gantt’s Digest, Sec. 4569. And it was error in the Circuit Court to sustain the demurrer to the first and second paragraphs of the answer. The third paragraph of the answer alleges that the consideration of…
1Opinion of the CourtEnglish, C. J.
On the 11th of February, 1881, Edwin P. Snipes brought this action of replevin in the Circuit Court of Jefferson county against James R. Pludson, for possession’ of mules, cotton, corn and cotton seed.
Plaintiff claimed title to the property under a mortgage executed to him by defendant 20th of February, 1880, to secure a note of that date for $3,000.00, payable 1st November following, bearing ten per cent, interest, with power, on default, &c., to take possession of the property, and sell it to pay the debt, &c.
The defendant answered in three paragraphs, to each and all of which plaintiff…
2Cases cited3 opinions
- Fairman v. FluckSupreme Court of Pennsylvania · 1836
- McMahan v. TysonSupreme Court of Georgia · 1857
- Nutwell v. Tongue's LesseeCourt of Appeals of Maryland · 1864
3Cited by4 opinions
- McCormick Harvesting Machine Co. v. HillMissouri Court of Appeals · 1904
- Jones v. LewisSupreme Court of Arkansas · 1909
- Barry-Wehmiller Machinery Co. v. ThompsonSupreme Court of Arkansas · 1907
- Ames Iron Works v. ReaSupreme Court of Arkansas · 1892