American Mortgage Co. v. Williams
Supreme Court of Arkansas
Appeal from Clay Chancery Court, Western District; Edward D. Robertson, Chancellor; STATEMENT BY THE COURT. This is an action instituted by H. H. Williams, seeking to redeem from a sale certain lands which had been sold under a decree foreclosing a mortgage or to have specifically performed a contract reselling to him said lands. The original complaint was filed on July 1, 1905, and was brought against the American Mortgage Company and D. Hopson as defendants.
Read the full summary
Appeal from Clay Chancery Court, Western District; Edward D. Robertson, Chancellor; STATEMENT BY THE COURT. This is an action instituted by H. H. Williams, seeking to redeem from a sale certain lands which had been sold under a decree foreclosing a mortgage or to have specifically performed a contract reselling to him said lands. The original complaint was filed on July 1, 1905, and was brought against the American Mortgage Company and D. Hopson as defendants. In 1890 the plaintiff executed to said mortgage company his note for indebtedness due to it, and to secure same also executed a…
1Opinion of the Court
Frauenthal, J.,
(after stating the facts.) 1. It is contended by counsel for plaintiff that he is entitled to redeem the lands from the mortgage company on payment of the amount due to it named in the alleged decree of October, 1901, because (1) the decree was not rendered by the court in term time but was only conditionally agreed to and thereafter entered in vacation; and (2) because, if the decree was regularly rendered, the entire transaction represented by it and the sale thereunder and the written contract providing that plaintiff might still repay the indebtedness, was in effect but a…
2Cases cited18 opinions
- Hammond v. HopkinsSupreme Court of the United States · 1892
- Gibson v. HerriottSupreme Court of Arkansas · 1891
- Bank of Pine Bluff v. LeviSupreme Court of Arkansas · 1909
- Friar v. BaldridgeSupreme Court of Arkansas · 1909
- Hays v. EmersonSupreme Court of Arkansas · 1905
13 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- United States Ex Rel. Gillioz v. John Kerns Const. Co.Court of Appeals for the Eighth Circuit · 1944
- Myers v. EllisonSupreme Court of Alabama · 1947
- Walker-Lucas-Hudson Oil Company v. HudsonSupreme Court of Arkansas · 1925
- Arnold v. All American Assurance Co.Supreme Court of Arkansas · 1973
- Avera v. BanksSupreme Court of Arkansas · 1925
19 more not listed; retrieve them via the Exa API.