England v. Spillers
Supreme Court of Arkansas
Appeal from Fnlton Chancery Court; George T. Humphreys, Chancellor; 1. The act May 10, 1911, page 256, does not repeal or amend section 110, Kirby’s Digest, nor Act 438, Acts 1907, page 1170, relating to demands against estates, and therefore will not permit a foreclosure as is sought here. 2. The law in effect at the date of the death of the debtor and issuance of letters, which was the act May 28, 1907, will control regardless of any subsequent act. 112 Ark. 6; 92 Id. 522;…
Read the full summary
Appeal from Fnlton Chancery Court; George T. Humphreys, Chancellor; 1. The act May 10, 1911, page 256, does not repeal or amend section 110, Kirby’s Digest, nor Act 438, Acts 1907, page 1170, relating to demands against estates, and therefore will not permit a foreclosure as is sought here. 2. The law in effect at the date of the death of the debtor and issuance of letters, which was the act May 28, 1907, will control regardless of any subsequent act. 112 Ark. 6; 92 Id. 522; 27 Id. 27, 600; 101 Id. 238; 97 Id. 546; 6 Id. 513. The demurrer was properly overruled and the suit was not barred.…
1Opinion of the CourtSmith, J.
This suit was brought to foreclose a mortgage executed by N. J. England and Mary J. England, his wife, on November 17,1907, to secure certain notes which matured February 16, 1911. N. J. England died some time prior to November 16, 1910, this being the date of the letters of administration which were granted to his wife on his estate; the exact date of his death is not shown by the record. This suit was filed September 23, 1915, which was within less than five years from the date of the maturity of the notes, but more than two years after the issuance of letters of administration. The…
2Cases cited8 opinions
- Towson v. DensonSupreme Court of Arkansas · 1905
- Rhodes v. CannonSupreme Court of Arkansas · 1914
- Hill v. GregorySupreme Court of Arkansas · 1897
- Sadler v. SadlerSupreme Court of Arkansas · 1856
- Mueller v. LightSupreme Court of Arkansas · 1909
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Davis v. LawhonSupreme Court of Arkansas · 1932
- Baskin v. Aetna Life Ins. Co.Supreme Court of Arkansas · 1935
- Schaefer v. BakerSupreme Court of Arkansas · 1930
- United States v. DawsonCourt of Appeals for the Eighth Circuit · 1991
- United States v. DawsonCourt of Appeals for the First Circuit · 1991
1 more not listed; retrieve them via the Exa API.