Cazort & McGehee Co. v. Dunbar
Supreme Court of Arkansas
Appeal from Crawford Chancery Court; J. Virgil Bourland, Chancellor; x. Judgment against the sureties by consent does not bar them from any benefit under the mortgage.
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Appeal from Crawford Chancery Court; J. Virgil Bourland, Chancellor; x. Judgment against the sureties by consent does not bar them from any benefit under the mortgage. The right to foreclose accrued as soon as Ella Sharp failed and refused to perform the judgment. 25 Ark. 170; 23 Id. 530. The mortgage was a contract for indemnity, and failure to satisfy the judgment gave the sureties the right at once to enforce the contract. 23 Ark. 530. The liability was fixed by the judgment of the Supreme Court affirming the judgment below. The failure of the principal to satisfy the judgment perfected…
1Opinion of the CourtFrauenthau, J.
The plaintiffs, Cazort & McGehee Company and another, instituted this suit in the Crawford Chancery Court against the defendants, E. C. and W. T. Dunbar, seeking to foreclose a mortgage executed to plaintiffs by John and Ella Sharp on real estate which was subsequently conveyed by the mortgagor, Ella Sharp, to the defendants.
To the complaint the defendants interposed a general demurrer, which was incorporated in their answer. This demurrer was sustained by the chancery court; and, the plaintiffs declining to plead further, the complaint was dismissed; and from the order of dismissal the…
2Cases cited13 opinions
- Thurston v. PrentissMichigan Supreme Court · 1849
- Gunel v. CueIndiana Supreme Court · 1880
- American Freehold Land Mortgage Co. v. McManusSupreme Court of Arkansas · 1900
- Curtis & Lane v. FlinnSupreme Court of Arkansas · 1885
- Beavers v. BaucumSupreme Court of Arkansas · 1878
8 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Cox v. SmithSupreme Court of Arkansas · 1911
- Swift v. ErwinSupreme Court of Arkansas · 1912
- Cox v. SmithSupreme Court of Arkansas · 1910
- Arkansas Power Light Company v. KerrSupreme Court of Arkansas · 1942
- Richeson v. National BankSupreme Court of Arkansas · 1910
9 more not listed; retrieve them via the Exa API.