Word v. Cole
Supreme Court of Arkansas
Appeal from Phillips 'Circuit Court; J. M. Jackson, Judge; 1. It was error to direct a verdict. There was some evidence to prove the issue for plaintiffs. 33 Ark. 350; 39 Id. 491; 89 Id. 368. The uncontradicted evidence and indebtedness of $1,148.56 secured by the deed of trust. 2. The cases 66 Ark. 393 and 50 Id. 256 do not apply here.
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Appeal from Phillips 'Circuit Court; J. M. Jackson, Judge; 1. It was error to direct a verdict. There was some evidence to prove the issue for plaintiffs. 33 Ark. 350; 39 Id. 491; 89 Id. 368. The uncontradicted evidence and indebtedness of $1,148.56 secured by the deed of trust. 2. The cases 66 Ark. 393 and 50 Id. 256 do not apply here. A mortgage to secure future advances is valid, (111 Ark. 367) if it contains a general description sufficient to embrace the liability intended to be secured. * * * Here the debt secured was never paid. All the indebtedness was incurred prior to Nov. 15…
1Opinion of the Court
■Smith, J.
This action was brought to recover possession of certain personal property conveyed to appellant as trustee for N. Straub Sons Mercantile Company by appellee. The following recital is contained in the deed of trust:
“Witnesseth; That whereas the party of the first part is indebted to the third party in the sum evidenced by his promissory note of even date herewith for $2,500 due and payable November 15, 1914, bearing interest at the rate of 10 ¡per cent from date until paid, and whereas, the first party desires to secure the payment of said ■sum and all other sums that are now due or…
2Cases cited2 opinions
- Howell v. WalkerSupreme Court of Arkansas · 1914
- Curtis & Lane v. FlinnSupreme Court of Arkansas · 1885
3Cited by12 opinions
- National Bank of Eastern Arkansas v. BlankenshipDistrict Court, E.D. Arkansas · 1959
- American Bank Trust v. First Nat'l Bank of ParisSupreme Court of Arkansas · 1931
- Hollan v. American Bank of Commerce & Trust Co.Supreme Court of Arkansas · 1925
- In Re Dorsey Electric Supply Co.District Court, E.D. Arkansas · 1972
- State National Bank v. Temple Cotton Oil Co.Supreme Court of Arkansas · 1932
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