Jefferson v. Edrington
Supreme Court of Arkansas
In 1874 Mrs. Nancy A. Edrington, widow and sole executrix of James H. Edrington, brought suit to cancel a mortgage executed by him at a time, as she alleged, when he was incapacitated by disease from attending to business.
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In 1874 Mrs. Nancy A. Edrington, widow and sole executrix of James H. Edrington, brought suit to cancel a mortgage executed by him at a time, as she alleged, when he was incapacitated by disease from attending to business. The mortgage conveyed to J. W. Jefferson, as trustee, two plantations, known as the “Fain” and “Whitmore” places, to .secure debts due certain creditors therein named, the deed to •be void upon payment of the debt and containing a power of sale upon default. The trustee answered, denying that the mortgage was executed at a time when Edrington was inca■pacitated from…
1Opinion of the CourtCoCKRILL, C. J.
Mrs. Edrington was the widow of J. H. Edrington and sole executrix of his estate. At the time of her husband’s death he was the owner of two plantations, in Mississippi county, Arkansas, one of which was known as the P'ain place and the other as the Whitmore place. He executed a deed of trust upon these plantations in 1874 to-J. W. Jefferson, as trustee, to secure the payment of his fourteen notes payable to the trustee, amounting in the aggregate to $28,754.21, which were for the benefit of creditors whose names were not set out in a schedule. When this deed was executed, Edrington owed…
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