Sidway v. Nichol
Supreme Court of Arkansas
Appeal from Jefferson Chancery Court. James F. Robinson, Chancellor. STATEMENT BY THE COURT. Suit upon a promissory note, and to foreclose a mortgage upon real estate executed by Nannie W. Nichol and her husband, Charles A. Nichol, to secure said note. The complaint alleged that the consideration for the mortgage and note was money loaned to said Nannie W. Nichol.
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Appeal from Jefferson Chancery Court. James F. Robinson, Chancellor. STATEMENT BY THE COURT. Suit upon a promissory note, and to foreclose a mortgage upon real estate executed by Nannie W. Nichol and her husband, Charles A. Nichol, to secure said note. The complaint alleged that the consideration for the mortgage and note was money loaned to said Nannie W. Nichol. The answer of defendants did not deny that the money was loaned to Mrs. Nichol, but sets up the defense that neither she nor her husband had any interest in the estate that they could convey by mortgage. Both Mrs. Nichol and her…
1Opinion of the Court
Riddick, J.,
(after stating the facts). There are only two questions in this case. The first is, did Mrs. Nichol have power to convey by mortgage the lands involved in this case? We think this question was answered in the negative by the case of Williams v. Nichol, 47 Ark. 254. The land mortgaged was purchased with the proceeds of a legacy left by the will of Willoughby Williams, deceased, to John H. Williams, to be held in trust and the interest and profits therefrom paid to Mrs. Nichol free from the control of her husband. It was held in Williams v. Nichol, supra, that Mrs. Nichol was…
2Cases cited17 opinions
- Hays v. Jordan & Co.Supreme Court of Georgia · 1890
- Tillman v. ShackletonMichigan Supreme Court · 1867
- Conway v. SmithWisconsin Supreme Court · 1860
- Cookson v. TooleIllinois Supreme Court · 1871
- Williams v. NicholSupreme Court of Arkansas · 1886
12 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- McGuigan v. GainesSupreme Court of Arkansas · 1903
- Kriz v. PeegeWisconsin Supreme Court · 1903
- Vandeventer v. DavisSupreme Court of Arkansas · 1909
- Gardner v. HughesSupreme Court of Arkansas · 1918
- Goldsmith Bros. v. MooreSupreme Court of Arkansas · 1913
2 more not listed; retrieve them via the Exa API.