Caldwell v. Hall
Supreme Court of Arkansas
APPEAL from Lee Circuit Court in Chancery. M. T. Sanders, Circuit Judge. The finding of the Chancellor that the $500 note was paid by appellee, is clearly contrary to the evidence. This court will review the findings of facts by the court, and. if clearly against evidence will reverse. Nolen v. Hardin, 43 Ark., 318. When the maker of a note is found in possession of it, the presumption is that the note is paid.
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APPEAL from Lee Circuit Court in Chancery. M. T. Sanders, Circuit Judge. The finding of the Chancellor that the $500 note was paid by appellee, is clearly contrary to the evidence. This court will review the findings of facts by the court, and. if clearly against evidence will reverse. Nolen v. Hardin, 43 Ark., 318. When the maker of a note is found in possession of it, the presumption is that the note is paid. The counter presumption is equally strong, that as long as the holder of the note retains possession of it, the presumption is that the note is not paid. 63 Ga., 221. Not only this,…
1Opinion of the CourtCockrill, C. J.
This is an appeal from a decree canceling a mortgage, and enjoining the trustee named in the instrument from executing a power conferred upon him by its terms to sell the mortgaged premises for the purpose of paying off the mortgage debt. The suit was brought by the mortgagor against the trustee and beneficiaries under the mortgage. The court found, in substance, that the mortgage debt had been paid and decreed accordingly.
The proof upon which the case was heard was not full nor satisfactory on either side. The mortgage is not made a part of the record and some obvious facts that would render…
2Cases cited5 opinions
- Wilhelm v. SchmidtIllinois Supreme Court · 1876
- Brown v. OlmstedCalifornia Supreme Court · 1875
- Young v. HibbsNebraska Supreme Court · 1877
- Grant v. School Town of MonticelloIndiana Supreme Court · 1880
- Partee v. BedfordMississippi Supreme Court · 1875
3Cited by15 opinions
- Kissire v. Plunkett-Jarrell Grocer Co.Supreme Court of Arkansas · 1912
- Stockyards Nat. Bank of South Omaha v. BraggUtah Supreme Court · 1925
- Bonham v. JohnsonSupreme Court of Arkansas · 1911
- First Nat. Bank of Sallisaw v. BallardSupreme Court of Oklahoma · 1914
- Pioneer Building & Loan Ass'n v. CowanCourt of Appeals of Texas · 1938
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