Smith v. Price
Supreme Court of Arkansas
Appeal from Prairie Chancery Court; John M. Elliott, Chancellor; STATEMENT BY THE COURT. On or about the 27th day of February, 1903, A. J. Shipman and wife executed their mortgage conveying a certain tract of land in Prairie County to Geo. C. Lewis to secure the payment of indebtedness mentioned in the mortgage to Lewis.' The mortgage was assigned by Lewis to Mrs. M. B. Carson, and by Mrs. Carson to Ralph J. Smith.
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Appeal from Prairie Chancery Court; John M. Elliott, Chancellor; STATEMENT BY THE COURT. On or about the 27th day of February, 1903, A. J. Shipman and wife executed their mortgage conveying a certain tract of land in Prairie County to Geo. C. Lewis to secure the payment of indebtedness mentioned in the mortgage to Lewis.' The mortgage was assigned by Lewis to Mrs. M. B. Carson, and by Mrs. Carson to Ralph J. Smith. On the 8th of May, 1908, Ralph J. Smith sold the land to Addie G. Smith, pursuant to the power contained in the mortgage. A trustee’s deed was made on the 8th day of May, 1908,…
1Opinion of the Court
Wood, J.,
(after stating the facts). Although appellee, in his complaint, sets out the contract between him and appellant, he asks no affirmative relief as against appellant on this contract. His complaint was for the redemption of the land from the sale under the mortgage. It was really unnecessary for him to have made the appellant a party to the suit, and the contract which he set up was not germane to the relief of' redemption which he sought by his complaint. See Tombler v. Sumpter, 97 Ark. 480. The court obviously treated it as unnecessary and foreign to the issue on the question of…
2Cases cited3 opinions
- Hays v. McLainSupreme Court of Arkansas · 1899
- Tombler v. SumpterSupreme Court of Arkansas · 1911
- Mitchell v. MooreSupreme Court of Arkansas · 1908
3Cited by3 opinions
- Smith v. PriceSupreme Court of Arkansas · 1916
- Neely v. WilmoreSupreme Court of Arkansas · 1916
- Milne v. MilneCourt of Appeals of Arkansas · 1979