Mathis v. Litteral
Supreme Court of Arkansas
Appeal from Benton Chancery Court; T. H. Humphreys, Chancellor; Supporting appellee’s motion to dismiss the appeal because appellant has accepted benefits under the decree inconsistent with the appeal, counsel cite 47 Ark. 320; 53 Ark. 515; 53 N. E. 765; 2 Standard Enc. of Proc. 211, 212; 57 Pac. 261.
1Per curiam
Appellant instituted this action in the chancery court of Benton 'County to foreclose a mortgagé on certain land, and made appellee a party defendant, alleging that a mortgageheld by -the latter was barred by the statute of limitations. The -suit was to cancel appellee’s mortgage and to establish the priority of appellant’s mortgage and to foreclose it. Appellee answered, claiming that his mortgage was not- barred but was superior to that of appellant’s, and the court sustained that contention. A final decree was rendered foreclosing appellant’s mortgage, subject, however, to that of…
2Cases cited2 opinions
- Albright v. OysterCourt of Appeals for the Eighth Circuit · 1894
- Bolen v. CumbySupreme Court of Arkansas · 1890
3Cited by3 opinions
- McCown v. NicksSupreme Court of Arkansas · 1926
- Ark. State Highway Comm. v. MarlarSupreme Court of Arkansas · 1963
- DeLaughter v. BrittSupreme Court of Arkansas · 1967