Newald v. Valley Farming Co.
Supreme Court of Arkansas
Appeal from Olay Chancery Court, Western District; Chas. D. Frierson, Chancellor; 1. Appellants have the right to pay their pro rata per .acre of the mortgage and have their lands released. 127 Ark. 577; 141 U. S. 247; 41 Minn. 14; 27 Cyc. 1415-16; 20 A. & E. Ene.
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Appeal from Olay Chancery Court, Western District; Chas. D. Frierson, Chancellor; 1. Appellants have the right to pay their pro rata per .acre of the mortgage and have their lands released. 127 Ark. 577; 141 U. S. 247; 41 Minn. 14; 27 Cyc. 1415-16; 20 A. & E. Ene. L. 1070 and notes; 57 N. J. Eq. 539. This right to release may be exercised at any time before final decree. 41 Atl. 405; 41 Minn. 14; 63 N. W. 1012; 103 Iowa 301; 72 N. W. 531; 57 N. J. Eq. 539; 162 111. 426. It was not necessary to make a tender. 70 Ore.; 142 Pa. 321. The stipulation entered into was only an extension of time of…
1Opinion of the Court
HART, J.,
(after stating the facts). (1) It is first insisted by the plaintiff that the appeal of L. J. and S. E. Newald and the Dorough-Newald Company be dismissed because it was not taken within the time allowed by law. Appeals must be taken from judgments or decree® within six months, from the date of their rendition. Stephens v. Williams, 122 Ark. 255. It appears from the record that the decree of foreclosure and sale of the mortgaged premises was rendered on January 20, 1916. The appeal was not granted until November 21, 1917. This was more than 'six months from the date the decree was…
2Cases cited7 opinions
- McGourkey v. Toledo & Ohio Central Railway Co.Supreme Court of the United States · 1892
- Central Trust Co. v. Grant Locomotive WorksSupreme Court of the United States · 1890
- Davie v. DavieSupreme Court of Arkansas · 1889
- Seitz v. MeriwetherSupreme Court of Arkansas · 1914
- St. Louis Union Trust Co. v. Chicot County Cotton-Alfalfa Farm Co.Supreme Court of Arkansas · 1917
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Flanagan v. Drainage District No. 17Supreme Court of Arkansas · 1928
- Webster v. HortonSupreme Court of Arkansas · 1934
- Davidson v. CrockettSupreme Court of Arkansas · 1940
- Person v. Miller Levee District No. 2Supreme Court of Arkansas · 1950
- Dorough-Newald Co. v. Valley Farming Co.Supreme Court of Arkansas · 1921
1 more not listed; retrieve them via the Exa API.