Swift v. Ivery
Supreme Court of Arkansas
Appeal from Lafayette Chancery Court; J. M. Barker, Chancellor; statement of facts. Appellees brought this suit in equity against appellants to cancel and set aside a deed from Gr. T. Whatley, trustee for D. L. King, to P. B. Swift for 160 acres of land in Lafayette County, Arkansas, and to quiet the title of appellees in said land.
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Appeal from Lafayette Chancery Court; J. M. Barker, Chancellor; statement of facts. Appellees brought this suit in equity against appellants to cancel and set aside a deed from Gr. T. Whatley, trustee for D. L. King, to P. B. Swift for 160 acres of land in Lafayette County, Arkansas, and to quiet the title of appellees in said land. The complaint alleged that the deed above referred to was void because it was given pursuant to the power of sale under a mortgage, and that the sale under the power was void because the agent or trustee making the sale was not authorized by the mortgage to make…
1Opinion of the CourtHart, J.
(after stating the facts). It is earnestly insisted by counsel for appellants that the decree should be reversed because the undisputed evidence shows that, after the foreclosure under the power contained in the mortgage, one of the appellees went into possession of the land for herself and the other appellees, and gave a rent note to one of the appellants for the rent for 1912, and that she continued to reside on the land as the tenant of one of the appellants.
Under this state of facts, counsel invoke the rule laid down in Gibson v. Allen-West Com. Co., 138 Ark. 172, and cases cited to the…
2Cases cited3 opinions
- Craig v. MeriwetherSupreme Court of Arkansas · 1907
- Stallings v. ThomasSupreme Court of Arkansas · 1892
- Gibson v. Allen-West Commission Co.Supreme Court of Arkansas · 1919
3Cited by4 opinions
- Norris v. ScrogginsSupreme Court of Arkansas · 1927
- Abbott v. ButlerSupreme Court of Arkansas · 1947
- Mushrush v. DowningSupreme Court of Arkansas · 1930
- Beloate, Trustee v. HathcoatSupreme Court of Arkansas · 1945