Tallman v. Heuck
Supreme Court of Arkansas
Appeal from Arkansas Circuit Court, Northern District; George W. Clark, Judge; STATEMENT OF FACTS. Appellant sued appellee to recover the sum of $325, the value of one-third of the hay cut on a certain tract of land in Arkansas County, Ark.
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Appeal from Arkansas Circuit Court, Northern District; George W. Clark, Judge; STATEMENT OF FACTS. Appellant sued appellee to recover the sum of $325, the value of one-third of the hay cut on a certain tract of land in Arkansas County, Ark. Appellant purchased the land on which the hay was grown at a mortgage foreclosure sale on July 31,1919. There was a confirmation of the sale by the chancery court on October 7, 1919. The hay was cut and removed from the land by a tenant of the mortgagor between those dates. The chancellor found the issues in favor of appellee, and the case is here on…
1Opinion of the Court
Hart, J.,
(after stating the facts). The ruling of the trial court was correct. In North American Trust Co. v. Burrow, 68 Ark. 584, it was held that one who purchases at a sale under a mortgage is not entitled to recover from the mortgagor in possession the rents and profits accrued during the year allowed for redemption, where he gave the mortgagor no notice to quit, and made no demand for rents and profits.
Again in Deisch v. Moore, 97 Ark. 262, the court held that a purchaser at a mortgage sale is not entitled to recover from the mortgagor in possession the rents and profits during the…
2Cases cited3 opinions
- Brasch v. MumeySupreme Court of Arkansas · 1911
- North American Trust Co. v. BurrowSupreme Court of Arkansas · 1901
- Deisch v. MooreSupreme Court of Arkansas · 1911
3Cited by4 opinions
- Oliver v. DeffenbaughSupreme Court of Arkansas · 1924
- Newell Contracting Co. v. ElkinsSupreme Court of Arkansas · 1923
- Wofford v. YoungSupreme Court of Arkansas · 1927
- Farmers Bank & Trust Co. v. Wells (In re Wells)United States Bankruptcy Court, E.D. Arkansas · 2015