Clark v. Lesser
Supreme Court of Arkansas
Appeal from Lee Chancery Court; Edward D. Robertson, Chancellor; STATEMENT BY THE OOTJRT. This suit is over an undivided one-half interest in and to the southeast quarter of the southeast quarter and the north half of the southwest quarter of the southeast quarter of section 22, township 2 north, range 1 east, in Lee County.
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Appeal from Lee Chancery Court; Edward D. Robertson, Chancellor; STATEMENT BY THE OOTJRT. This suit is over an undivided one-half interest in and to the southeast quarter of the southeast quarter and the north half of the southwest quarter of the southeast quarter of section 22, township 2 north, range 1 east, in Lee County. George Smith donated eighty acres, of which the land in controversy was a part, from the State of Arkansas on the 1st day of February, 1900, with the understanding that John Frank Clark, who paid one-half of the donation fees, should have a half interest in the land. On…
1Opinion of the Court
Wood, J.,
(after stating the facts). The appellant set up in his answer and cross complaint that the deed of trust was barred by the statute of limitations before the foreclosure proceedings were instituted, and that inasmuch as the appellant was not made a party to those proceedings the same were void as. to him, and that appellee did not acquire any title under such proceedings.
Upon the margin of the record of the deed of trust was the following endorsement: “There being a balance due on the within D/T of $118 this November 4, 1902. (Signed) M. Lesser & Co. Attest: F. H. Glovan, Clerk. ’ ’
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2Cases cited5 opinions
- Morgan v. KendrickSupreme Court of Arkansas · 1909
- Dickinson v. DuckworthSupreme Court of Arkansas · 1905
- Hill v. GregorySupreme Court of Arkansas · 1897
- Simpson v. Brown-Desnoyers Shoe Co.Supreme Court of Arkansas · 1902
- Bird v. SmithSupreme Court of Arkansas · 1848
3Cited by13 opinions
- National Surety Corporation v. Inland Properties, Inc.District Court, E.D. Arkansas · 1968
- Armstrong v. ArmstrongSupreme Court of Arkansas · 1930
- Taylor v. WhiteSupreme Court of Arkansas · 1930
- Bank of Mulberry v. SpragueSupreme Court of Arkansas · 1932
- Polster v. LangleySupreme Court of Arkansas · 1940
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