Felker v. Rice
Supreme Court of Arkansas
Appeal from Washington Chancery Court; T. II. Humphreys, Chancellor; STATEMENT by the court. Nora B. Rice instituted this action in the chancery court against James Pozza, J. E. Felker et al. to obtain judgment on a debt and to foreclose a mortgage given to secure it.
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Appeal from Washington Chancery Court; T. II. Humphreys, Chancellor; STATEMENT by the court. Nora B. Rice instituted this action in the chancery court against James Pozza, J. E. Felker et al. to obtain judgment on a debt and to foreclose a mortgage given to secure it. Her complaint alleges, in substance, that James Pozza, on March 25, 1909, gave her a promissory note for $400 due on or before five years after date, and executed a mortgage on thirty-five acres of land in Washington County, Arkansas, to secure the' same. The mortgage was made an exhibit to the complaint. That on the 24th day of…
1Opinion of the Court
Hart, J.,
(after stating the facts). It is insisted that the court erred in admitting the deed record as evidence of the deed from James Pozza to John E. Felker, because the original deed was in existence and was the best evidence, and that the testimony of the clerk set out in the statement of facts should not have been received in evidence for the same reason. In support of his position, counsel cites the case of Pendergrass v. Allan, 101 Ark. 365; but we do not think that case sustains his position. There objection was made to the introduction of the evidence. Here no objection was made to…
2Cases cited11 opinions
- J. H. Magill Lumber Co. v. Lane-White Lumber Co.Supreme Court of Arkansas · 1909
- Strohauer v. VoltzMichigan Supreme Court · 1880
- Neff v. ElderSupreme Court of Arkansas · 1907
- Allen v. Ozark Land Co.Supreme Court of Arkansas · 1892
- Patton v. AdkinsSupreme Court of Arkansas · 1883
6 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Green v. FergusonSupreme Court of Arkansas · 1978
- Kirby v. YoungSupreme Court of Arkansas · 1920
- Kinyon Investment Co. v. Belmont State BankMontana Supreme Court · 1923
- McCown v. NicksSupreme Court of Arkansas · 1926
- Walker v. MathisSupreme Court of Arkansas · 1917
18 more not listed; retrieve them via the Exa API.