Littell v. Grady
Supreme Court of Arkansas
APPEAL from’ Si. Francis Circuit Court. Hon. J. N. Cypert, Circuit Judge. Sales under powers in deeds of trust, etc., are a karsb mode of foreclosure. They are scrutinized with great care, and will not be sustained unless conducted with great-fairness, regularity, and scrupulous integrity. They will be declared void for the slightest unfairness, or excess, or for anything that prevents competition.
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APPEAL from’ Si. Francis Circuit Court. Hon. J. N. Cypert, Circuit Judge. Sales under powers in deeds of trust, etc., are a karsb mode of foreclosure. They are scrutinized with great care, and will not be sustained unless conducted with great-fairness, regularity, and scrupulous integrity. They will be declared void for the slightest unfairness, or excess, or for anything that prevents competition. Perry on Trusts, sec. 602; Longworth v. Butler, 3 Gilman, 32; 1 Hilliard •on Mortgages, 131; Jones on Mortgages, sec. 1906. The sale was void, because— 1st. The amout due was not fixed, but the…
1Opinion of the CourtEakin, J.
The history of this case, in its progress, is-somewhat unique. A. L. Grady sued Philander Littell, under the Statute (1874-5, p. 196), for a forcible entry upon and detainer of a quarter section of land, gave bond, and was put in possession. Littell filed an answer in two paragraphs. The first denied plaintiff’s right of possession, and claimed it for defendant. The second denied plaintiff’s title. He also filed a cross-bill against plaintiff and others, who were members of a mercantile firm, showing that the plaintiff claimed his title by purchase at a sale made by Prewitt, one of the…
2Cases cited1 opinion
- Bowler v. LaneCourt of Appeals of Kentucky · 1860
3Cited by12 opinions
- Vinson v. FlynnSupreme Court of Arkansas · 1897
- Norris v. ScrogginsSupreme Court of Arkansas · 1927
- Gorman v. RatliffSupreme Court of Arkansas · 1986
- Meadors v. JohnsonSupreme Court of Oklahoma · 1910
- Washington v. MooreSupreme Court of Arkansas · 1907
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