Wadley v. Ward
Supreme Court of Arkansas
Appeal from Lawrence Chancery Court; George T. Humphries, Chancellor; The payment made by McBride to Ward on September 28, 1908^ after the making and recording of the Wadley mortgage, was not sufficient to keep alive the lien of the Ward mortgage and make it superior to appellant’s. 92 Ark. 195; 30 Ark. 407; 31 Ark. 85; 69 Ark. 301; Kirby’s Dig. § 5399. The record dearly shows that appellee kept within the requirements of the statute to make the payments he had received…
Read the full summary
Appeal from Lawrence Chancery Court; George T. Humphries, Chancellor; The payment made by McBride to Ward on September 28, 1908^ after the making and recording of the Wadley mortgage, was not sufficient to keep alive the lien of the Ward mortgage and make it superior to appellant’s. 92 Ark. 195; 30 Ark. 407; 31 Ark. 85; 69 Ark. 301; Kirby’s Dig. § 5399. The record dearly shows that appellee kept within the requirements of the statute to make the payments he had received operative against the rights of all third parties. Kirby’s Dig. § 5399-
1Opinion of the CourtFrauenthae, J.
The question involved in this case is to determine the rights and priority of two mortgagees under foreclosure proceedings instituted by them to have satisfaction of their debts under the respective mortgages executed to them on the same land by the same mortgagor.
On August 30, 1900, D. G. McBride, the mortgagor, executed to appellee'his note for $225, due November 1, 1901, and on the same day, in order to secure the payment thereof, executed to him a mortgage on said land, which was duly recorded on the second day of November, 1900. On this note McBride made the following payments to…
2Cases cited11 opinions
- Lord v. MorrisCalifornia Supreme Court · 1861
- Riggs v. TayloeSupreme Court of the United States · 1824
- Murdock v. . WatermanNew York Court of Appeals · 1895
- Ringo v. WoodruffSupreme Court of Arkansas · 1884
- Whittington v. FlintSupreme Court of Arkansas · 1884
6 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Keota Mills & Elevator v. GambleSupreme Court of Oklahoma · 2010
- Connelly v. HoffmanSupreme Court of Arkansas · 1931
- Buckner State Bank v. StagerSupreme Court of Arkansas · 1938
- Keota Mills & Elevator v. GambleSupreme Court of Oklahoma · 2010