Blake Bros. v. Askew & Brummett
Supreme Court of Arkansas
Appeal from Nevada Chancery Court; James D. Shaver, Chancellor; STATEMENT BY THE COURT. This is an action in the chancery court by appellees against appellants to foreclose a deed of trust on certain lands situated in Nevada County, Arkansas. ■ The facts are substantially as follows: C. S. and T. J. Blake were the owners of certain lands in Nevada County, Arkansas. In 1911 they owed J. M. Barr $266, which was secured by a mortgage on a part of said lands.
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Appeal from Nevada Chancery Court; James D. Shaver, Chancellor; STATEMENT BY THE COURT. This is an action in the chancery court by appellees against appellants to foreclose a deed of trust on certain lands situated in Nevada County, Arkansas. ■ The facts are substantially as follows: C. S. and T. J. Blake were the owners of certain lands in Nevada County, Arkansas. In 1911 they owed J. M. Barr $266, which was secured by a mortgage on a part of said lands. They .owed Mrs. F. S. Brummett $205.78, which was also secured by a mortgage on a part of their lands. They owed T. Gr. Boswell the sum of…
1Opinion of the Court
Hart, J.,
(-after stating the facts). It is insisted by counsel for appellants that the decree should be reversed because appellees did not make and deliver to appellants a verified statement of their account before the foreclosure proceedings were instituted. Section 5415, of Kirby’s Digest, provides that before any mortgagee shall proceed to foreclose, any mortgage or deed of trust of personal property, such mortgagee shall make and deliver to the mortgagor a verified statement of his account, showing each item, debit, and credit, and the balance due. This section, by its terms, applies only…
2Cases cited2 opinions
- Briggs v. SteeleSupreme Court of Arkansas · 1909
- Lowe v. WalkerSupreme Court of Arkansas · 1905
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- Standard Motors Finance Co. v. Mitchell Auto Co.Supreme Court of Arkansas · 1927
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