McConnell v. Swepston
Supreme Court of Arkansas
Appeal from Mississippi Circuit Court in Chancery. Felix G. Taylor, Judge. STATEMENT BY THE COURT. On the 16th of March, 1886, one B. F. McConnell and his wife executed a mortgage on certain lands to Hill, Fontaine & Co. The mortgagor, McConnell, died in December, 1887, leaving a widow and minor heirs. Suit was begun in 1891 to foreclose the mortgage. The widow and minor heirs of McConnell were made parties, and were properly before the court.
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Appeal from Mississippi Circuit Court in Chancery. Felix G. Taylor, Judge. STATEMENT BY THE COURT. On the 16th of March, 1886, one B. F. McConnell and his wife executed a mortgage on certain lands to Hill, Fontaine & Co. The mortgagor, McConnell, died in December, 1887, leaving a widow and minor heirs. Suit was begun in 1891 to foreclose the mortgage. The widow and minor heirs of McConnell were made parties, and were properly before the court. Decree of foreclosure was properly rendered in 1894, and the lands in controversy ordered sold. Accordingly, the lands were duly sold in 1894, and…
1Opinion of the Court
Wood, J.,
(after stating the facts.) The allegation of the answer that plaintiff did not buy said lands in good faith was not sustained by the proof. The proof tended to show that plaintiff had been in possession of the lands under his tax deeds continuously and adversely for more than two years before the filing of the answer and cross-complaint of the defendants. The allegations of the cross-complaint and the answer thereto show clearly that, considering defendants in the light of cross-complainants, this was a suit by them for the possession or recovery of the lands in controversy. The…
2Cases cited3 opinions
- Woolfork v. BucknerSupreme Court of Arkansas · 1895
- Finley v. HoganSupreme Court of Arkansas · 1895
- Neil v. RozierSupreme Court of Arkansas · 1887
3Cited by5 opinions
- Crill v. HudsonSupreme Court of Arkansas · 1903
- Johnson v. ElderSupreme Court of Arkansas · 1909
- Nall v. PhillipsSupreme Court of Arkansas · 1947
- Dowd v. ElliottSupreme Court of Arkansas · 1952
- Nall v. PhillipsSupreme Court of Arkansas · 1947