Freed v. Brown
Supreme Court of Arkansas
APPEAL from Y ell Circuit Court in Chancery, Hon. H. F. Carter Special Judge of the Circuit Court. As between the original parties it was the duty of the -court upon a proper showing’ to reform the instrument and foreclose it.—Allen v. MeGauhey, et al, 31 Ark., 252 ; Bwaym v. Vanee, ex. et al, 28Id., 289. The amended complaint showed such a state of facts as made it the duty of the court to reform the mortgage and grant the relief prayed.
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APPEAL from Y ell Circuit Court in Chancery, Hon. H. F. Carter Special Judge of the Circuit Court. As between the original parties it was the duty of the -court upon a proper showing’ to reform the instrument and foreclose it.—Allen v. MeGauhey, et al, 31 Ark., 252 ; Bwaym v. Vanee, ex. et al, 28Id., 289. The amended complaint showed such a state of facts as made it the duty of the court to reform the mortgage and grant the relief prayed. The answer does not deny any material allegation, it simply denies the execution of the mortgage and not the allegations as to the intention and the…
1Opinion of the CourtEakin, J.
1. Mortgage: XT n c e r - tainty i n descrip, - t ijo n of land. This is a suit by Freed, to foreclose a mortgage, executed by Brown, to secure a note for $215, due ■January 1st, 1878. The whole description of the property in the mortgage is as follows : “The following described land, situated in Yell county, Arkansas, to-wit: A portion ■of the northeast quarter of section twenty-two, in township six, range twenty, containing twenty acres.” There are no ■expressions in the instrument, nor references to other documents, natural ■ objects, artificial monuments, or adjoining lands, by which,…
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3Cited by7 opinions
- Allan v. TerrellSupreme Court of Oklahoma · 1927
- American Investment Co. v. GleasonSupreme Court of Arkansas · 1930
- Cooper v. NewtonSupreme Court of Arkansas · 1900
- Colonial & United States Mortgage Co. v. LeeSupreme Court of Arkansas · 1910
- Hayselden v. LincolnHawaii Supreme Court · 1917
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