Porter v. Hamill
Supreme Court of Arkansas
Appeal from Randolph Circuit Court in Chancery; John B. McCaleb, Judge; STATEMENT BY THE COURT. R. N. Hamill as assignee -brought this suit to foreclose a mortgage on the southeast quarter of the northeast quarter of section 1, in township 19 north, range (2) east, in Randolph County, Arkansas.
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Appeal from Randolph Circuit Court in Chancery; John B. McCaleb, Judge; STATEMENT BY THE COURT. R. N. Hamill as assignee -brought this suit to foreclose a mortgage on the southeast quarter of the northeast quarter of section 1, in township 19 north, range (2) east, in Randolph County, Arkansas. The mortgage was given to secure a note for $265.86, of date 9th of February, 1891,. and due November 15, 1891. P. PI. 'Crenshaw and R. H. Black join in the complaint, stating that on the 9th day of February, 1892, said E. B. Porter was the owner in fee simple of the lands hereinafter described, being…
1Opinion of the Court
Wood, J.,
(after stating the facts). The only question is, shoitld the judgment be reversed because the senior mortgagee an’d 'fumor mortgagees were joined in the complaint for foreclosure? Mr. Pomeroy on Code Remedies says: “It is a rule universally established that all subsequent incumbrancers, who are holders of general or specific liens on the land, whether mortgagees, judgment creditors, or whatever be the nature of the lien, if it can be enforced against the land, are not necessary parties in the sense that their presence is indispensable to the rendition of a decree of sale; but they…
2Cases cited1 opinion
- White v. HolmanSupreme Court of Arkansas · 1878