Drake v. Sherburne
Supreme Court of Arkansas
Appeal from White Chancery Court. David W. Carroee, Chancellor. Klein executed to Bliza Shilling a deed of trust upon land to secure two notes for $470. Before maturity the notes and mortgage were assigned to Martha Rumble, who afterwards broug'ht this suit ag'ainst Klein and Sherburne to foreclose the deed of trust.
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Appeal from White Chancery Court. David W. Carroee, Chancellor. Klein executed to Bliza Shilling a deed of trust upon land to secure two notes for $470. Before maturity the notes and mortgage were assigned to Martha Rumble, who afterwards broug'ht this suit ag'ainst Klein and Sherburne to foreclose the deed of trust. The complaint alleged that defendant Klein, for the purpose of defrauding Martha Rumble of her security, permitted the land to forfeit for taxes, and failed and refused to redeem it,' and afterwards donated it from the State; that he surrendered his donation certificate and…
1Opinion of the CourtBatteE, J.
We think that the evidence shows that Klein and Sherburne confederated to defeat the enforcement of the deed of trust executed to secure the payment of the two promissory notes of Klein which are held by the appellant; that, in pursuance of this agreement, Sherburne purchased the land in controversy from the State for Klein, or for Klein and himself; that the purchase from the State is fraudulent as to the deed of trust; and that Sherburne should be treated as a trustee holding the land as security for the payment of Klein’s two notes.
The decree of the court below is, therefore, reversed, and…
2Cited by6 opinions
- Renn v. RennSupreme Court of Arkansas · 1944
- Ana María Sugar Co. v. CastroSupreme Court of Puerto Rico · 1920
- Zimmerman v. Franklin County Savings Bank & Trust Co.Supreme Court of Arkansas · 1937
- Adams v. SimsSupreme Court of Arkansas · 1928
- Booth v. McCordSupreme Court of Arkansas · 1970
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