Strasner v. Carroll
Supreme Court of Arkansas
Appeal from Pike Chancery Court; Jas. D. Shaver, Chancellor; The transaction is, in equity, at least, a mortgage. Certainly it was not intended as a sale. 13 Ark. 112-117; 96 IT. S. 332; 13 Ark. 112-117, 118; 2 J. J. Marsh. 471; 1 Jones on Mortg., § 162, 167, 168. Once impressed with the character of a mortgage, it must so remain. 3 Pom. Eq.
Read the full summary
Appeal from Pike Chancery Court; Jas. D. Shaver, Chancellor; The transaction is, in equity, at least, a mortgage. Certainly it was not intended as a sale. 13 Ark. 112-117; 96 IT. S. 332; 13 Ark. 112-117, 118; 2 J. J. Marsh. 471; 1 Jones on Mortg., § 162, 167, 168. Once impressed with the character of a mortgage, it must so remain. 3 Pom. Eq. (3 ed.), § 1193. A court of equity wilb always relieve the mortgagor from the consequences of his failure to perform the condition. 129 111. 72; 2 Jones on Mortg., § 1039. An equity of redemption is inseparably connected with a mortgage — - the right can…
1Opinion of the CourtHart, J.
M. L. Carroll instituted an action of ejectment in the circuit court against T. J. Strasner to recover 220 acres of land in Pike County, Arkansas. Strasner filed an answer and cross-complaint and set up substantially the following state of facts:
He owned 300 acres óf land in Pike County upon which he resided and mortgaged the same to a bank in Pike County to secure the sum of 1600 which he owed the bank. The debt of the bank fell due in 1914 and Strasner, failing to make payment, the bank proceeded to foreclose the mortgage. The land was worth much more than the mortgage debt, and in order to…
2Cases cited9 opinions
- Ryan v. . DoxNew York Court of Appeals · 1866
- Rose v. BatesSupreme Court of Missouri · 1848
- Arnold v. CordIndiana Supreme Court · 1861
- Patrick v. KirklandSupreme Court of Florida · 1907
- Carr v. CraigSupreme Court of Iowa · 1908
4 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- In Re Las Colinas, Inc.District Court, D. Puerto Rico · 1968
- Triplett v. BridgeforthMississippi Supreme Court · 1949
- De Yampert v. ManleySupreme Court of Arkansas · 1917
- Coleman v. WegmanSupreme Court of Arkansas · 1926
- W. B. Worthen Co. v. VoglerSupreme Court of Arkansas · 1920
4 more not listed; retrieve them via the Exa API.