Turman v. Bell
Supreme Court of Arkansas
APPEAL from Scott Circuit Court in Chancery. John S. Little, Judge. Suit to remove cloud upon title. Turman conveyed the land to Gilbreath in 1884 as security for a loan, and took a deed of defeasance. Gilbreath in 1885 mortgaged the land to the National Bank of Western Arkansas. The bank brought suit to foreclose the lien without making Turman a party. Plaintiffs, Bell and others, purchased at the foreclosure sale.
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APPEAL from Scott Circuit Court in Chancery. John S. Little, Judge. Suit to remove cloud upon title. Turman conveyed the land to Gilbreath in 1884 as security for a loan, and took a deed of defeasance. Gilbreath in 1885 mortgaged the land to the National Bank of Western Arkansas. The bank brought suit to foreclose the lien without making Turman a party. Plaintiffs, Bell and others, purchased at the foreclosure sale. In 1888 they brought this suit to cancel Turman’s deed of defeasance as a cloud upon their title, making Gilbreath’s administrator, Forrester, a party. Turman filed a…
1Opinion of the Court
Hemingway, T. J
1. Partiesnecessary to morts“seforeclosAs a general rule, no person can be t •affected by any judicial proceeding to which he is not a party ; and a judgment takes effect only between the parties, and gives no rights to or against third persons. Freeman •on Judg., sec. 154. So a foreclosure is effectual against •only those persons interested in the equity who were parties; and while the foreclosure of a paramount lien conveys title, it is subject to the right of redemption of junior incumbrancers who were not parties to the proceeding. 2 Jones on Mort., sec. 1395. In this case…
2Cases cited10 opinions
- Eylar v. EylarTexas Supreme Court · 1883
- Jaques v. WeeksSupreme Court of Pennsylvania · 1838
- Bloomer v. HendersonMichigan Supreme Court · 1860
- Seymour v. . McKinstryNew York Court of Appeals · 1887
- Koon v. TramelSupreme Court of Iowa · 1887
5 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Burns v. HiattCalifornia Supreme Court · 1906
- Thornton v. FindleySupreme Court of Arkansas · 1911
- Davis v. BurfordSupreme Court of Arkansas · 1939
- Ward v. StarkSupreme Court of Arkansas · 1909
- American Building & Loan Ass'n v. WarrenSupreme Court of Arkansas · 1911
22 more not listed; retrieve them via the Exa API.