Blasingame v. Loudermilk
Supreme Court of Arkansas
. Appeal from White Chancery Court; John E. Martineau, Chancellor; The land in controversy was not included in the pleadings nor exhibits. The court had no jurisdiction of it and the sale and confirmation are void as to it. 27 Cyc. 1595; 15 R. C. L. 604; 55 Ark. 562; 127 Id. 98; 76 Id. 146; 81 Id. 462; 19 S. E. 708. The land was in the mortgage and note. It was mere clerical mistake that it was omitted from the pleadings and record.
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. Appeal from White Chancery Court; John E. Martineau, Chancellor; The land in controversy was not included in the pleadings nor exhibits. The court had no jurisdiction of it and the sale and confirmation are void as to it. 27 Cyc. 1595; 15 R. C. L. 604; 55 Ark. 562; 127 Id. 98; 76 Id. 146; 81 Id. 462; 19 S. E. 708. The land was in the mortgage and note. It was mere clerical mistake that it was omitted from the pleadings and record. The court properly treated the pleadings as amended to conform to the proof. 78 Ark. 350; 88 Id. 185; 104 Id. 462; 108 Id. 364.
1Opinion of the CourtSmith, J.
Appellee brought this suit as executor of the estate of D. M. Doyle to foreclose a mortgage given by D. A. Blasingame and his wife to secure the payment of the sum of money there mentioned due Doyle by Blasingame. The complaint alleged that a copy of the mortgage was filed as an exhibit to the complaint; and, while both undertook to describe the land mortgaged, neither, in fact, described the northeast quarter of the northwest quarter of section 24, township 6 north, range 10 west. An answer was filed, and a reference had to a master, to whose report exceptions were filed; but, upon a final…
2Cases cited2 opinions
- Swift v. ErwinSupreme Court of Arkansas · 1912
- Goldsmith Bros. v. MooreSupreme Court of Arkansas · 1913
3Cited by3 opinions
- Shaw v. PolkSupreme Court of Arkansas · 1922
- Chicago Title & Trust Co. v. 7000 South Shore Drive Bldg. Corp.Court of Appeals for the Seventh Circuit · 1936
- Smith v. TurnerSupreme Court of Arkansas · 1941