Martin v. Halbrooks
Supreme Court of Arkansas
APPEAL from Faulkner Chancery Court. David W. Carroll, Chancellor. The only thing to be determined in this cause is, what is the contract between the parties ? The terms of the mortgage are “ to pay the sum * * * mentioned and all other indebtedness which may then be due * * * on or before November 1st, 1889.” This is the contract. Courts •do not make contracts for parties, but enforce such as they make.
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APPEAL from Faulkner Chancery Court. David W. Carroll, Chancellor. The only thing to be determined in this cause is, what is the contract between the parties ? The terms of the mortgage are “ to pay the sum * * * mentioned and all other indebtedness which may then be due * * * on or before November 1st, 1889.” This is the contract. Courts •do not make contracts for parties, but enforce such as they make. This written contract cannot be contradicted or varied by parol agreement. 4 Ark., 154; 5 ¿^.,651; 6 id., 489; 13 id., 125. If a party by his contract charge himself-with the performance of…
1Opinion of the CourtCockrill, C. J.
One may execute a valid mortgage to ■secure a debt to be contracted thereafter. Jarratt v. McDaniel, 32 Ark., 598; Fort v. Black, 50 Ark., 256.
It is not necessary that the amount to be secured should be set out in the instrument. Curtis & Lane v. Flinn, 46 Ark., 70; Fort v. Black, sup. It follows that an unequivocal agreement in a mortgage that the instrument shall secure all indebtedness of whatever nature that may be due from the mortgagor to the mortgagee at a future date named, would not be invalid between the parties for the want of uncertainty.
The question in this case is, have the…
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