Bourland v. Wittich
Supreme Court of Arkansas
APPEAL from Franklin Circuit Court in Chancery. Hon. W. D. Jacowat, Judge of Circuit Court. 1. When the legal and equitable titles became united in Bourland, that did not operate as a merger, or extinguishment of the debt; he held the mortgage as guardian, and the equity of redemption in his own right. 2 Black. Com., 177 : 4 Kent Com., 102 ; Bouv. Inst., sec. 1995 ; 2 Broom <& Had.
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APPEAL from Franklin Circuit Court in Chancery. Hon. W. D. Jacowat, Judge of Circuit Court. 1. When the legal and equitable titles became united in Bourland, that did not operate as a merger, or extinguishment of the debt; he held the mortgage as guardian, and the equity of redemption in his own right. 2 Black. Com., 177 : 4 Kent Com., 102 ; Bouv. Inst., sec. 1995 ; 2 Broom <& Had. Com., 329; Jones v. Davis, 5 Hudstone & IF., 766. Affirmed in 7 lb., 507. 2. If the release of block 35 was fraudulent as to cred-tors they alone could take advantage of it, and in the present suit the matter…
1Opinion of the CourtEaicin, J.
On the eighth of January, 1868, Ebenezer Bourland obtained $5000 in money from Thomas Buchanan, as administrator of the estate of J. M. Davis. He gave his note, secured by a mortgage upon three separate pieces of town property in Ozark, described as follows : hot No. 3, in block No. 5 ; all block 35, and lot No. 11, in block No. 20.
In the month of April, 1869, the wife of said mortgagor, being entitled to dower from the estate of Davis amounting to $1666.66, allowed that sum to be credited on her husband’s note. Another payment appears to have been made about March, 1875, of $2580.70. There…
2Cited by2 opinions
- Kelly v. WeirDistrict Court, E.D. Arkansas · 1965
- Bagley v. WeaverSupreme Court of Arkansas · 1903