Lyon v. Bass
Supreme Court of Arkansas
Appeal from Calhoun Chancery Court. Emon O. Mahony, Chancellor. STATEMENT BY THE COURT. On the 10th of February, 1898, H. L. Lyon and wife, N. C-Lyon, executed a deed of trust to D. W. Bass, to secure a note for the sum of $270, due and payable on the 1st of October, 1898, and all other indebtedness due by the mortgagors to Bass at that time. Afterwards certain other advances were made by Bass to Lyon and wife, and certain payments were made by Lyon.
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Appeal from Calhoun Chancery Court. Emon O. Mahony, Chancellor. STATEMENT BY THE COURT. On the 10th of February, 1898, H. L. Lyon and wife, N. C-Lyon, executed a deed of trust to D. W. Bass, to secure a note for the sum of $270, due and payable on the 1st of October, 1898, and all other indebtedness due by the mortgagors to Bass at that time. Afterwards certain other advances were made by Bass to Lyon and wife, and certain payments were made by Lyon. Bass finally brought an action in equity against Lyon and wife to foreclose the deed of trust executed by them, in which he alleged that they…
1Opinion of the Court
Riddick, J.,
(after stating the facts.) This is an appeal by H. L. Lyon and N. C. Lyon, his wife, from a judgment against them in favor of D. W. Bass, foreclosing a trust deed. The first contention on the part of defendant is that the debt secured by the deed has been paid. The evidence tends to show that the plaintiff had two separate accounts against Lyon, one against him and his wife jointly, the other against Lyon alone for advances made to him to carry on a timber and stave business. This last account was secured by a deed of trust executed by H. L. Lyon only. No item charged in either of…
2Cases cited3 opinions
- Arkadelphia Lumber Co. v. AsmanSupreme Court of Arkansas · 1904
- Greer v. TurnerSupreme Court of Arkansas · 1885
- Hamilton v. RhodesSupreme Court of Arkansas · 1904
3Cited by9 opinions
- Long v. LongSupreme Court of Arkansas · 1912
- Fiddyment v. BatemanSupreme Court of Arkansas · 1910
- First Nat. Bank of Amarillo v. RushCourt of Appeals of Texas · 1921
- National Bank v. BinghamMontana Supreme Court · 1931
- Cummings v. EricksonWashington Supreme Court · 1921
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