Bonham v. Johnson
Supreme Court of Arkansas
Appeal from Bogan Chancery Court; /. V. Bourland, Chancellor ; The findings of the chancellor are clearly not supported by the evidence. The insurance mioney could not be applied on any other debt than the two notes due. The two debts and mortgages were separate and distinct, and the chancellor erred in applying the $1,000 to the payment of the notes sued on. 1. The findings of the chancellor are' sustained by the proof.
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Appeal from Bogan Chancery Court; /. V. Bourland, Chancellor ; The findings of the chancellor are clearly not supported by the evidence. The insurance mioney could not be applied on any other debt than the two notes due. The two debts and mortgages were separate and distinct, and the chancellor erred in applying the $1,000 to the payment of the notes sued on. 1. The findings of the chancellor are' sustained by the proof. If so, the payment must be applied to the debts due in exclusion of those not due, whether, there was any appropriation by the payee or not. 44 Ark. 90; 54 Id. 444; 30 Cvc.…
1Opinion of the CourtMcCulloch, C. J.
Appellant, R. A. Bonham, sold and conveyed to appellee, Thos. J. Johnson, and to George and John Reams, ten acres of land and a cotton gin and mill plant at Blaine> Oklahoma, for the price of $3,000, evidenced by two notes for $500 each, due and payable on November 15, 1907, and January 1, 1908, respectively, and two notes for $1,000 each, due and payable December 1, 1908, and December 1, 1909, respectively. The first two notes were secured by a mortgage executed ¡by appellee Johnson and his wife on a tract of land in Bogan County, Arkansas, and a team of mules and a surrey. The other two…
2Cases cited4 opinions
- Faisst v. WaldoSupreme Court of Arkansas · 1893
- Caldwell v. HallSupreme Court of Arkansas · 1887
- Fort v. BlackSupreme Court of Arkansas · 1887
- Greer v. TurnerSupreme Court of Arkansas · 1885
3Cited by15 opinions
- Kissire v. Plunkett-Jarrell Grocer Co.Supreme Court of Arkansas · 1912
- Whitley v. IrwinSupreme Court of Arkansas · 1971
- Crone v. JohnsonSupreme Court of Arkansas · 1966
- Rea v. RuffSupreme Court of Arkansas · 1979
- Sharp v. PeaseSupreme Court of Arkansas · 1936
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