Smith v. First National Bank of DeWitt
Supreme Court of Arkansas
Appeal from Arkansas Chancery Court; Jolm M. Elliott, Chancellor; 1. The decree "was void because it included an attorney’s fee as part of the debt. 76 Ark. 151; 77 Id. 357. 2.' The commissioner’s sale and the execution sale are both' void for want of legal notice. Kirby’s Digest, i 4923 ; 74 Ark. 474. 1. The decree recites that the cause was heard upon the complaint, etc., “and other proof.”
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Appeal from Arkansas Chancery Court; Jolm M. Elliott, Chancellor; 1. The decree "was void because it included an attorney’s fee as part of the debt. 76 Ark. 151; 77 Id. 357. 2.' The commissioner’s sale and the execution sale are both' void for want of legal notice. Kirby’s Digest, i 4923 ; 74 Ark. 474. 1. The decree recites that the cause was heard upon the complaint, etc., “and other proof.” The “other proof” is not contained in the transcript. 80 Ark. 74; 94 Id. 115; 98 Id. 266. 2. The appeal should be dismissed. The final decree was rendered more than one year before the appeal was granted…
1Opinion of the CourtHart, J.
This is an appeal from an order of the chancery court confirming a commissioner’s sale of lands made under a decree foreclosing a mortgage. The facts are as follows:
On January 31, 1913, Martin Smith and Caroline Smith executed a note to the First National Bank of DeWitt for $1,218.65, due sixty days after date, and the same was secured ¡by a ¡mortgage on real estate. On December 18,1913, the bank instituted an action in the 'chancery court to foreclose the mortgage and recover judgment on the note. On February 4, 1914, judgment was rendered in favor of the bank on the note .and a decree…
2Cited by3 opinions
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- Caldwell v. St. Louis Joint Stock Land BankSupreme Court of Arkansas · 1933
- Sherman v. Gens & Barall Inv. Co.Supreme Court of Oklahoma · 1935