Wooster v. Cavender
Supreme Court of Arkansas
APPEAL from Faulkner Chanpery Court. David W. Carroll, Chancellor. King mortgaged to Wooster property on which- he had ■given a prior mortgage to Cavender & Greer. The .latter, subsequently and without knowledge of Wooster’s intervening lien, released their lien and took a new mortgage thereon for the same debt. This suit was brought to restore the priority of the first mortgage. From a decree granting this Telief, defendants, Wooster & King, have appealed.
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APPEAL from Faulkner Chanpery Court. David W. Carroll, Chancellor. King mortgaged to Wooster property on which- he had ■given a prior mortgage to Cavender & Greer. The .latter, subsequently and without knowledge of Wooster’s intervening lien, released their lien and took a new mortgage thereon for the same debt. This suit was brought to restore the priority of the first mortgage. From a decree granting this Telief, defendants, Wooster & King, have appealed. Appellees have no statutory rights under act of March •9, 1887 (Mansf. Dig., p. 875), and their right depends solely upon their mortgage.…
1Opinion of the CourtHemingway, J.
„f y The appellees released the lien of a prior mortgage and took a second mortgage to secure their debt. They were ignorant that an intermediate mortgage, covering the same property, had been made to the appellant. They would not have released their prior mortgage if they had known of the one intermediate. The evidence discloses that they acted in good faith without culpable negligence. The-appellant made some advances under his mortgage, before the second mortgage of the appellees was executed, and while their first mortgage appeared upon the records as a paramount lien ; as to those…
2Cases cited5 opinions
- Geib v. ReynoldsSupreme Court of Minnesota · 1886
- Bruse v. NelsonSupreme Court of Iowa · 1872
- Campbell v. TrotterIllinois Supreme Court · 1881
- Young v. ShanerSupreme Court of Iowa · 1887
- Corey v. AldermanMichigan Supreme Court · 1881
3Cited by13 opinions
- Institute Building & Loan Ass'n v. EdwardsNew Jersey Court of Chancery · 1913
- Lomas & Nettleton Co. v. IsacsSupreme Court of Connecticut · 1924
- Camden Co. Welfare Bd. v. Federal Dep. Ins. Co.New Jersey Superior Court Appellate Division · 1948
- Island Pond National Bank v. LacroixSupreme Court of Vermont · 1932
- American Savings Bank & Trust Co. v. HelgesenWashington Supreme Court · 1912
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