Purcell v. Gann
Supreme Court of Arkansas
Appeal from Saline Chancery Court; Jethro P. Henderson, Chancellor; STATEMENT BY THE COURT. This proceeding was instituted ¡by James E. Purcell within twelve months ¡after ¡attaining full -age, to ¡set aside a decree and to exercise his right to show cause against it in the cause of J. F. Shoemaker and D. Gann against James Purcell, Jr. The facts are as follows: On the 5th day of February, 1891, James Purcell executed, in favor “I have this 21st day of April, 1899, duly…
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Appeal from Saline Chancery Court; Jethro P. Henderson, Chancellor; STATEMENT BY THE COURT. This proceeding was instituted ¡by James E. Purcell within twelve months ¡after ¡attaining full -age, to ¡set aside a decree and to exercise his right to show cause against it in the cause of J. F. Shoemaker and D. Gann against James Purcell, Jr. The facts are as follows: On the 5th day of February, 1891, James Purcell executed, in favor “I have this 21st day of April, 1899, duly served the within by delivering a copy of the within to J ames Purcell, Sr.,' and also giving a copy to James Purcell Sr.,…
1Opinion of the Court
Hart, J.,
(after stating the facts). The deed from James Purcell to his infant son, James E. Purcell, .recited that it was executed in consideration of love and affection. It was made after the execution of the mortgage on the land by James Purcell to McCarthy & Joyce. Therefore, the deed conveyed only the equity of redemption of J ames Purcell. J ames E. Purcell was not made a party to the proceedings to foreclose the mortgage on the land, ¡and, having -been emitted from the foreclosure suit, he still had the right to redeem from the foreclosure sale. Dickinson v. Duckworth, 74 Ark. 138. The…
2Cases cited5 opinions
- Wells v. RiceSupreme Court of Arkansas · 1879
- Dickinson v. DuckworthSupreme Court of Arkansas · 1905
- Fincher v. HaneganSupreme Court of Arkansas · 1894
- Paragould Trust Co. v. PerrinSupreme Court of Arkansas · 1912
- Huggins v. DabbsSupreme Court of Arkansas · 1893
3Cited by8 opinions
- Skelly Oil Company v. JohnsonSupreme Court of Arkansas · 1946
- Ronan v. First National Bank of ArizonaArizona Supreme Court · 1962
- Shaw v. PolkSupreme Court of Arkansas · 1922
- Berringer v. StevensSupreme Court of Arkansas · 1920
- Smith v. SimpsonSupreme Court of Arkansas · 1917
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