Oliphint v. Eckerley
Supreme Court of Arkansas
APPEAL from White Circuit Court in Chancery. Hon. J. N. Cypert, Circuit Judge. Court erred in . overruling the demurrer as to Oliphint. Adams et al. v. Stilwell, 29 Ark. The discharge of Oliphint in bankruptcy, discharged the debt, and it would not revive as a lien upon after-acquired property.
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APPEAL from White Circuit Court in Chancery. Hon. J. N. Cypert, Circuit Judge. Court erred in . overruling the demurrer as to Oliphint. Adams et al. v. Stilwell, 29 Ark. The discharge of Oliphint in bankruptcy, discharged the debt, and it would not revive as a lien upon after-acquired property. Bailey v. Moore, 21 III., 165 ; Peck v. Jennings, 7 Howard, 613. The deed no estoppel, as the mortgagee knew of the true state of the title. 3 Wash, on R. Prop., pp. 72, 76. The title not being in use, did not pass without covenant of warranty. Jackson v. Wright, 14 John., 193; Dart v. Dart, 7 Con.,…
1Opinion of the Court
STATEMENT.
Eakin, J.
Eckerley sued Oliphint and wife, to foreclose a mortgage made by them of certain real property, on the twenty-ninth of May, 1873, to secure a debt, evidenced by Oliphint’s note for $1,002.20 of even date with the mortgage, due January 1, 1874; showing, further, that this note had been renewed by Oliphint on the twenty-third of January, 1874, by the execution of another note for the same amount, payable January 1, 1875, with the same rate of interest to be calculated from the date of the first note. There was the usual prayer for judgment, sale of lands, etc.
A demurrer, as…
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