Keller v. Whittington
Supreme Court of Arkansas
Appeal from Arkansas Chancery Court; John M. Elliott, Chancellor; 1. The land involved was the homestead of the appellant, and the foreclosure under the power of sale clause in the mortgage was not valid. Kirby’s Dig., §§ 3710, 3713; 36 Ark. 545; 38 Ark. 112; 43 Ark. 429; 48 Ark. 539; 54 Ark. 9. 2. The appraisement required by statute was never made, and a debtor or mortgagor can not waive such requirement.
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Appeal from Arkansas Chancery Court; John M. Elliott, Chancellor; 1. The land involved was the homestead of the appellant, and the foreclosure under the power of sale clause in the mortgage was not valid. Kirby’s Dig., §§ 3710, 3713; 36 Ark. 545; 38 Ark. 112; 43 Ark. 429; 48 Ark. 539; 54 Ark. 9. 2. The appraisement required by statute was never made, and a debtor or mortgagor can not waive such requirement. Kirby’s Dig., §§ 5111, 5112, 5113. 3. The power of a mortgagor to waive the right of redemption, Acts 1899, p. 279, § 1, applies to foreclosures in chancery court only, and in no other…
1Opinion of the CourtMcCulloch, C. J.
This litigation originated as an action at law instituted by appellee against appellant to recover possession off the tract of land in controversy, appellee claiming title under a mortgage executed by appellant and a foreclosure thereof, but the cause was transferred to equity on appellant’s cross-complaint, and the attitude of the case now is that of an attack by appellant upon the validity of the sale, an effort to redeem therefrom, or to charge the purchaser with the price of the land at its present increased value. Appellant owned the land originally and mortgaged it in the year 1905 to…
2Cases cited8 opinions
- Radcliffe v. ScruggsSupreme Court of Arkansas · 1885
- First National Bank v. WaddellSupreme Court of Arkansas · 1905
- Ellenbogen v. GriffeySupreme Court of Arkansas · 1892
- Stallings v. ThomasSupreme Court of Arkansas · 1892
- Williams v. BennettSupreme Court of Arkansas · 1905
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Gate City Building & Loan Ass'n v. FrisbySupreme Court of Arkansas · 1928
- American Investment Co. v. HillSupreme Court of Arkansas · 1927
- Barton v. JordanSupreme Court of Arkansas · 1949
- Buxton v. City of NashvilleSupreme Court of Arkansas · 1918