Seawel v. Dirst
Supreme Court of Arkansas
Appeal from Marion Circuit Court in Chancery. Ei,bridge G. Mitchell, Judge. STATEMENT BY THE COURT. On the 1st day of July, 1896,' A. L. Dirst and his wife, J. W. Dirst, executed a deed of trust conveying 160 acres of land in Marion county to J. C. Floyd- as trustee to secure certain promissory notes executed on that day by A. L. Dirst to W. Q. Seawel and other parties named in the deed of trust, and to whom he was indebted for goods and supplies furnished to him.
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Appeal from Marion Circuit Court in Chancery. Ei,bridge G. Mitchell, Judge. STATEMENT BY THE COURT. On the 1st day of July, 1896,' A. L. Dirst and his wife, J. W. Dirst, executed a deed of trust conveying 160 acres of land in Marion county to J. C. Floyd- as trustee to secure certain promissory notes executed on that day by A. L. Dirst to W. Q. Seawel and other parties named in the deed of trust, and to whom he was indebted for goods and supplies furnished to him. The notes not being paid at maturity, Seawel and the other parties brought suit in the circuit court to recover judgment oh the…
1Opinion of the Court
Riddick, J.,
(after stating the facts.) This is an action brought by certain creditors of A. L. Dirst to foreclose a trust deed upon 160 acres of land, executed by Dirst and his wife to secure the payments of notes given by him to plaintiffs, and also to set aside and declare void a previous mortgage executed by Dirst and his wife to Margaret S. Williams upon the same land.
Plaintiffs contended that, as the land mortgaged was the homestead of Dirst and his wife, the mortgage to Mrs. Williams was invalid, because the wife did not join in the execution and acknowledgment of the same as required…
2Cases cited4 opinions
- Elwood v. O'BrienSupreme Court of Iowa · 1898
- Burgess v. PollockSupreme Court of Iowa · 1880
- Johnson v. ParkerSupreme Court of Arkansas · 1888
- Williamson v. LazarusSupreme Court of Arkansas · 1899
3Cited by17 opinions
- Taylor v. McClintockSupreme Court of Arkansas · 1908
- Pledger v. BirkheadSupreme Court of Arkansas · 1923
- Donaldson v. JohnsonSupreme Court of Arkansas · 1962
- Los Angeles & Salt Lake Railroad v. UmbaughNevada Supreme Court · 1942
- McEvoy v. TuckerSupreme Court of Arkansas · 1914
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