Rhodes v. Cannon
Supreme Court of Arkansas
Appeal from Mississippi Chancery Court, Osceola District; Charles D. Frierson, Chancellor; 1. The note sned on and the right to foreclose the trust deed was barred by the statute of nonclaim on October 24, 1908. Acts 1907, page 1170. The claim was never presented to the administrator and is barred. 92 Ark. 522; 94 Ark. 60. When the claim became barred by the statute of nonclaim, the right to foreclose or sell under the power contained in the deed of trust was also barred.
Read the full summary
Appeal from Mississippi Chancery Court, Osceola District; Charles D. Frierson, Chancellor; 1. The note sned on and the right to foreclose the trust deed was barred by the statute of nonclaim on October 24, 1908. Acts 1907, page 1170. The claim was never presented to the administrator and is barred. 92 Ark. 522; 94 Ark. 60. When the claim became barred by the statute of nonclaim, the right to foreclose or sell under the power contained in the deed of trust was also barred. Kirby’s Dig., § 5399; 64 Ark. 317. 2. The court erred in holding that the act amending section 5399 of Kirby’s Digest,…
1Opinion of the CourtSmith, J.
On the 2d day of January, 1912, appellee instituted this suit to foreclose a trust deed given by John P. Keiser to secure the payment of a note for $12,000, executed on the 30th day of January, 1905; due and payable on the 2d day of January, 1907. After alleging the payment of certain sums as interest the complaint recites that the maker of said note departed this life on October 17, 1907, and the defendant, J. W. Rhodes, was appointed administrator of his estate October 23, 1907, and has since been the duly qualified and acting administrator of said estate, and the said claim was never…
2Cases cited10 opinions
- Campbell v. HoltSupreme Court of the United States · 1885
- City Railway Co. v. Citizens' Street RailroadSupreme Court of the United States · 1897
- Hill v. StateSupreme Court of Arkansas · 1861
- Mueller v. LightSupreme Court of Arkansas · 1909
- Beavers v. MyarSupreme Court of Arkansas · 1900
5 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Johnson v. LillySupreme Court of Arkansas · 1992
- McLeod, Comm. of Rev. v. Santa Fe Trail Trans. Co.Supreme Court of Arkansas · 1943
- Books-A-Million, Inc. v. Arkansas Painting & Specialties Co.Supreme Court of Arkansas · 2000
- Wasson v. State Ex Rel. JacksonSupreme Court of Arkansas · 1933
- Davis v. LawhonSupreme Court of Arkansas · 1932
28 more not listed; retrieve them via the Exa API.