Harper v. McGoogan
Supreme Court of Arkansas
Appeal from Union Chancery Court; James M. Barker, Chancellor; A mortgage by the wife of her lands to seeure her husband’s debt is valid. Kirby’s Dig., § 740; 34 Ark. 17; 45 Ark. 117; 70 Ark. 516. 2. The evidence does not sustain the defense that Mrs. McGoogan was forced or unduly influenced by her husband to sign the mortgage.
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Appeal from Union Chancery Court; James M. Barker, Chancellor; A mortgage by the wife of her lands to seeure her husband’s debt is valid. Kirby’s Dig., § 740; 34 Ark. 17; 45 Ark. 117; 70 Ark. 516. 2. The evidence does not sustain the defense that Mrs. McGoogan was forced or unduly influenced by her husband to sign the mortgage. Moreover, it is'not necessary that a married woman be examined separately or that she make any disclaimer of compulsion or undue influence in her acknowledgment to a conveyance of her separate property. 41 Ark. 421; 43 Ark. 160. • If the grantee was no party to the…
1Opinion of the CourtSmith, J.
This action was begun by appellant in the Union Chancery Court to foreclose a deed of trust on a certain tract of land in that county, executed by the appellees to secure a note given by J. M. McGoogan, of even date with the deed of trust, and payable to the order of Doctor J. W. Harper. The complaint was filed August 14, 1911, and alleged in substance that on December 14, 1903, the defendant John M. McGoogan, executed and delivered to Doctor J. W. Harper, now deceased, his promissory note for $300 due and payable December 1, 1904, with interest at ten per cent per annum from maturity until…
2Cases cited10 opinions
- Meyer v. GossettSupreme Court of Arkansas · 1882
- Smith v. MackSupreme Court of Arkansas · 1912
- Goldsmith v. LewineSupreme Court of Arkansas · 1902
- Petty v. GrisardSupreme Court of Arkansas · 1885
- Lanigan v. SweanySupreme Court of Arkansas · 1890
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3Cited by3 opinions
- Sims v. First Nat. Bank, HarrisonSupreme Court of Arkansas · 1979
- Davis v. GriffinSupreme Court of Arkansas · 1989
- Walker v. Arkansas Nat. Bank of Hot SpringsCourt of Appeals for the Eighth Circuit · 1919