Cumberland Building & Loan Ass'n v. Sparks
Court of Appeals for the Eighth Circuit
Appeal from the Circuit Court of the United States for the Eastern District of Arkansas. The Cumberland Building & Loan Association and A. Moore Berry, as trustee, the appellants, on February 12, 1000, exhibited a bill of complaint against G. N. Sparks and Parmelia J. Sparks, his wife, and against J. W. Killough'and O. N. Killough, the appellees, to foreclose a mortgage on certain property, being the S. E. % of block 5 in Brookfield’s Original'division Of the town of Wynne,…
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Appeal from the Circuit Court of the United States for the Eastern District of Arkansas. The Cumberland Building & Loan Association and A. Moore Berry, as trustee, the appellants, on February 12, 1000, exhibited a bill of complaint against G. N. Sparks and Parmelia J. Sparks, his wife, and against J. W. Killough'and O. N. Killough, the appellees, to foreclose a mortgage on certain property, being the S. E. % of block 5 in Brookfield’s Original'division Of the town of Wynne, Cross county, Ark., which mortgage was executed by the defendants G. N. Sparks and Parmelia J. Sparks on March 25, 1805,…
1Opinion of the CourtThayer, Circuit Judge
The laws of Arkansas (Sand. & H. Dig. §§ 707, 5090) require deeds and mortgages conveying real property located in that state to be executed in the presence of two disinterested witnesses, or, if not so executed, that they be acknowledged in the presence of two persons, who shall then subscribe tlieir names to the deed or mortgage as attesting witnesses. The mortgage or deed of trust which was executed on March 25, 1895, by Sparks and wife in favor of the Southern Saving Fund & Eoau Company was neither executed nor acknowledged in the presence of two disinterested witnesses, as the local law…
2Cases cited20 opinions
- Home Savings Bank v. BierstadtIllinois Supreme Court · 1897
- McNew's Executors v. RogersTennessee Supreme Court · 1848
- Chesapeake, Ohio & Southwestern Railroad v. HigginsTennessee Supreme Court · 1887
- Levy v. MartinWisconsin Supreme Court · 1880
- Union Mortgage, Banking & Trust Co. v. Peters & TrezevantMississippi Supreme Court · 1895
15 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Union Cent. Life Ins. v. DrakeCourt of Appeals for the Eighth Circuit · 1914
- Fed. Land Bk. of Columbia v. GodwinSupreme Court of Florida · 1931
- Southern Cotton Oil Co. v. Napoleon Hill Cotton Co.Supreme Court of Arkansas · 1913
- Enterprise Bank v. Federal Land BankSupreme Court of South Carolina · 1927
- In re LiceCourt of Appeals for the Eighth Circuit · 1910
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