Fox v. Pinson

This is the second appeal of this case. The opinion on the former appeal may be found in Fox v. Pinson, 172 Ark. 449, 289 S. W. 329. On that appeal the case was reversed on the ground, first, that a decree of foreclosure ordering a sale of eighty feet, on which 'the hotel stood, to satisfy a mortgage which covered only seventy-five feet thereof, was erroneous; second, that one who conveys land by warranty deed against incumbrances cannot foreclose his mortgage for the purchase money before paying off and clearing the record of incum-brances ; and third, that, in the absence of an accelerating…