Whiting v. Beebe
Supreme Court of Arkansas
Appeal from the Chancery side of Pulaski Circuit Court. On the 29th May, 1843, Augustus Whiting and Robert Slark, of New Orleans, filed.a bill in Pulaski Circuit Court against James De Baun, and others, to foreclose a mortgage, &c., containing substantially the following allegations: That on the 14th December, 1840, James De Baun was indebted to complainants in the sum of $5,836, for which he executed to them three notes, of that date; one for $1,936, due at eighteen months;…
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Appeal from the Chancery side of Pulaski Circuit Court. On the 29th May, 1843, Augustus Whiting and Robert Slark, of New Orleans, filed.a bill in Pulaski Circuit Court against James De Baun, and others, to foreclose a mortgage, &c., containing substantially the following allegations: That on the 14th December, 1840, James De Baun was indebted to complainants in the sum of $5,836, for which he executed to them three notes, of that date; one for $1,936, due at eighteen months; another for $1,950, due at twenty-four months, and the third for $1,950, due at thirty months, each to bear interest at…
1Opinion of the CourtJustice Walker
In the investigation of the numerous questions which arise in this complicated case, we find it most convenient to dispose of them in the order in which they are presented on the record, referring to the facts as they stand in connexion with ¿he particular points raised.
De Baun, a resident of the county of Pulaski, was, in the year 1840, the owner of a large amount of real estate, situate in said county, and was indebted to numerous creditors, who then, and subsequent to that time, obtained judgments against him, or secured the payment of their debts by mortgages and deeds of trust, thereby…
2Cases cited20 opinions
- Green v. BurkeNew York Supreme Court · 1840
- People v. HopsonCourt for the Trial of Impeachments and Correction of Errors · 1845
- Catlin v. WareMassachusetts Supreme Judicial Court · 1812
- Haas v. GaddisWashington Supreme Court · 1890
- Jackson ex dem. M'Crea v. BartlettNew York Supreme Court · 1811
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