Fields v. Danenhower
Supreme Court of Arkansas
Appeal from Lee Circuit Court. Hance.N. Hutton, Judge. STATEMENT BY THE COURT.' Action of ejectment by F. C. Danenhower against Richard Fields and Jack Dawson to recover possession of a tract of land held by defendants.
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Appeal from Lee Circuit Court. Hance.N. Hutton, Judge. STATEMENT BY THE COURT.' Action of ejectment by F. C. Danenhower against Richard Fields and Jack Dawson to recover possession of a tract of land held by defendants. The* land was formerly owned by F. Trunkey, and he sold and conveyed the land to defendants, Field and Dawson, upon credit, for the sum of $1,381. To secure payment of the purchase price, Fields and Dawson executed and delivered a deed of trust to R. D. Griffis, as trustee, with power of sale. The debt not being paid, the trustee sold the land under the power contained in the…
1Opinion of the Court
Riddick, J.,
(after stating the facts). This case presents the following question: When land is sold under a power contained in a mortgage for an amount less than the debt secured by the mortgage, does the redemption allowed by the statute from such sale leave the premises still subject to the mortgage lien, or does such redemption restore the land to the grantor relieved of both the sale and the mortgage lien? In other words, can an absolute redemption be effected in such a case by tender of the amount for which the property sells at the mortgage sale, together with interest and costs of…
2Cases cited15 opinions
- Booth v. HoskinsCalifornia Supreme Court · 1888
- Hosford v. JohnsonIndiana Supreme Court · 1881
- Hervey v. KrostIndiana Supreme Court · 1888
- Comstock v. . JohnsonNew York Court of Appeals · 1871
- Noyes v. . WyckoffNew York Court of Appeals · 1889
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3Cited by5 opinions
- McCourt Manufacturing Corp. v. RycroftSupreme Court of Arkansas · 2010
- Tate v. DinsmoreSupreme Court of Arkansas · 1915
- Rose v. LoughboroughSupreme Court of Arkansas · 1930
- Serion v. ThorntonHawaii Intermediate Court of Appeals · 2004
- Handford v. EdwardsSupreme Court of Arkansas · 1909