Newald v. Valley Farming Co.
Supreme Court of Arkansas
Appeal from Olay Chancery Court, Western District; Chas. D. Frierson, Chancellor; 1. Appellants have the right to pay their pro rata per .acre of the mortgage and have their lands released. 127 Ark. 577; 141 U. S. 247; 41 Minn. 14; 27 Cyc. 1415-16; 20 A. & E. Ene.
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Appeal from Olay Chancery Court, Western District; Chas. D. Frierson, Chancellor; 1. Appellants have the right to pay their pro rata per .acre of the mortgage and have their lands released. 127 Ark. 577; 141 U. S. 247; 41 Minn. 14; 27 Cyc. 1415-16; 20 A. & E. Ene. L. 1070 and notes; 57 N. J. Eq. 539. This right to release may be exercised at any time before final decree. 41 Atl. 405; 41 Minn. 14; 63 N. W. 1012; 103 Iowa 301; 72 N. W. 531; 57 N. J. Eq. 539; 162 111. 426. It was not necessary to make a tender. 70 Ore.; 142 Pa. 321. The stipulation entered into was only an extension of time of…
1Opinion
HART, J.,
(on rehearing). Counsel for appellants, Terry .and Taylor, asked for a rehearing on the ground that they were entitled to redeem in accordance with the terms named in the mortgage. They base their contention on section 7 of the 'Stipulation filed October 8, 1915.
It will be remembered thafi section 7 provides, in effect, that all land sold thereafter and not mentioned in defendants “exhibit 8” are to be released upon the payment of the pro rata amount per acre as by the terms of the original mortgage.
We will first take up the claim of Terry. The whole of the stipulation of October 8,…
2Cases cited3 opinions
- Hardie v. BissellSupreme Court of Arkansas · 1906
- Norman v. PooleSupreme Court of Arkansas · 1902
- Tatum v. CrownoverSupreme Court of Arkansas · 1910