Hill v. Yarborough
Supreme Court of Arkansas
Appeal from Searcy Circuit Court in Chancery. B. B. Hudgins, Judge. 1. The rule laid down in Meyer v. Gossett, 38 Ark. 377, governs this case. It was re-affirmed in Donahoe v. Mills, 41 Ark. 421 and 45 id. 117. See 1 Devlin on Deeds, sec. 530. Appellants were bona fide purchasers.
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Appeal from Searcy Circuit Court in Chancery. B. B. Hudgins, Judge. 1. The rule laid down in Meyer v. Gossett, 38 Ark. 377, governs this case. It was re-affirmed in Donahoe v. Mills, 41 Ark. 421 and 45 id. 117. See 1 Devlin on Deeds, sec. 530. Appellants were bona fide purchasers. They gave further time of payment while the debtor was solvent. 1 Jones, Mortg., sec. 459; Thomas on Mortg., sec. 482; 55 Iowa, 132; 77 Ala. 500; 63 Ind. 576;. 32 N. W. 243; 71 Iowa, 132; 55 Miss. 348; 63 Ala. 561; 85 N. Y. 226; 36 Hun, 565; 54 Iowa, 14. 2. The testimony of the justice was not admissible to impeach…
1Opinion of the CourtWood, J.
This suit was brought by Hill, Fontaine & Co. against Yarborough and wife, to foreclose a mortgage which, it is alleged, was executed by them April 22, 1890, to secure a note of even date for $1,390, due December 1, 1890. The answer set up fraud in the execution of the mortgage, in that Mrs. Yarborough was illiterate, and that the justice of the peace taking the acknowledgement represented to her that the mortgage did not cover the homestead, but conveyed a different tract. The court rendered a decree setting aside the mortgage, and Hill, Fontaine & Co. appealed.
1. There was proof to justify…
2Cases cited6 opinions
- Sidway v. LawsonSupreme Court of Arkansas · 1893
- Meyer v. GossettSupreme Court of Arkansas · 1882
- Fargason v. EdringtonSupreme Court of Arkansas · 1887
- Bank of Harrison v. GibsonSupreme Court of Arkansas · 1895
- Petty v. GrisardSupreme Court of Arkansas · 1885
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3Cited by2 opinions
- Allender v. Evans-Smith Drug Co.Court Of Appeals Of Indian Territory · 1901
- Brown v. GrundyU.S. Circuit Court for the District of Eastern Arkansas · 1901