Manchester v. Goeswich
Supreme Court of Arkansas
Appeal from Mississippi Chancery Court, Osceola District; Edward D. Robertson, Chancellor; Before land can be sold under a power contained in a mortgage, it must be appraised by three disinterested householders in the county appointed by a justice of the peace who also lives in the county. 69 S. W. 551. They must actually view the property. 94 S. W. 715. And a sale without complying with the statute in these respects is invalid. 105 S. W. 586. The burden was on defendant to…
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Appeal from Mississippi Chancery Court, Osceola District; Edward D. Robertson, Chancellor; Before land can be sold under a power contained in a mortgage, it must be appraised by three disinterested householders in the county appointed by a justice of the peace who also lives in the county. 69 S. W. 551. They must actually view the property. 94 S. W. 715. And a sale without complying with the statute in these respects is invalid. 105 S. W. 586. The burden was on defendant to show that he was an innocent purchaser. 35 Ark. 102. The recitals in the deed are prima facie evidence only. 41 S. W.…
1Opinion of the CourtBattle, J.
Mary Manchester, Nettie Manchester and Jessie Manchester, three sisters, for cause of action against Oscar Goeswich, state: That J. S. Manchester departed this life some time in 1898, intestate, leaving the plaintiffs his only children and heirs surviving; that at the time of his death he was the owner of an undivided three-fourths interest in certain land; that the defendant, Oscar Goeswich, claims to be the owner of the land under the following chain of title.
“1st. By a trust deed executed thereon by J. S- Manchester, January 10, 1896, to W. J. Bowen, trustee, to secure an indebtedness…
2Cited by6 opinions
- Ellis v. NickleSupreme Court of Arkansas · 1937
- Cramer v. RemmelSupreme Court of Arkansas · 1918
- Darsow v. LandrethSupreme Court of Arkansas · 1963
- Bill's Printing, Inc. v. CarderSupreme Court of Arkansas · 2004
- Bill's Printing, Inc. v. CarderSupreme Court of Arkansas · 2004
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