Burel v. Baker
Supreme Court of Arkansas
Appeal from Lawrence Chancery Court, Eastern District; George T. Humphries, Chancellor; 1. There is not the least intimation of any insufficiency in the value for which the land sold — no allegations of fraudulent combination to suppress bidders'. Nor is there any evidence of any irregularities except clerical, and such are not sufficient to attack a decree collaterally. 49 Ark. 416. 2. Mrs. Baker was an adult, and she lost her right by failing to appeal, and her interest…
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Appeal from Lawrence Chancery Court, Eastern District; George T. Humphries, Chancellor; 1. There is not the least intimation of any insufficiency in the value for which the land sold — no allegations of fraudulent combination to suppress bidders'. Nor is there any evidence of any irregularities except clerical, and such are not sufficient to attack a decree collaterally. 49 Ark. 416. 2. Mrs. Baker was an adult, and she lost her right by failing to appeal, and her interest goes to Mrs. Fletcher’s grantee.Chancery courts have no power to reopen a decree of foreclosure, where there is no fraud,…
1Opinion of the CourtMcCulloch, J.
This case involves the title to a tract of land containing forty acres which was owned by D. F. Fletcher, now deceased, who was the father of 'the plaintiffs. It constituted a part of his homestead, which contained eighty acres, the tract in controversy being denominated in the pleadings and evidence as the south forty. Fletcher mortgaged the whole eighty acres to the defendant, Lizzie Burel, to secure an indebtedness to her of $850, and died without being paid any. of the debt, leaving his widow, Alice P. Fletcher, and several infant children. Mrs. Burel instituted a suit in equity against…
2Cases cited4 opinions
- Hindman v. O'ConnorSupreme Court of Arkansas · 1891
- Weaver v. RushSupreme Court of Arkansas · 1896
- Seger v. SpurlockSupreme Court of Arkansas · 1894
- Cowley v. SpradlinSupreme Court of Arkansas · 1905
3Cited by12 opinions
- Brownfield v. BookoutSupreme Court of Arkansas · 1921
- Hardy v. HardySupreme Court of Arkansas · 1950
- Fletcher v. JosephsSupreme Court of Arkansas · 1912
- Johnson v. Commonwealth Bldg. Loan AssociationSupreme Court of Arkansas · 1930
- Sorrels v. ChildersSupreme Court of Arkansas · 1917
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