Legal Opinion

Barton v. Matthews

Supreme Court of Arkansas

Decided December 15, 1919PublishedCited by 16 opinions

Appeal from Pope Chancery Court; Jordan Sellers, Chancellor; 1. Barton was clearly subrogated to the rights of T. M. Neal. 04 Ark. 273; 86 Ca. 198; 124 Ind. 254; 123 Ala. 125; 71 Iowa 106. 2. Tht deed of Mary J. Matthews to her mother was void because she was one of the parties to receive the benefit of the foreclosure saiq to Barton and because made for the benefit of a debtor wlum insolvent. 10 Ala 231; 3 Md. 11; 47 W Va. 106; 69 N. Y. 1,87. 3. As to Barton’s right to…

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Appeal from Pope Chancery Court; Jordan Sellers, Chancellor; 1. Barton was clearly subrogated to the rights of T. M. Neal. 04 Ark. 273; 86 Ca. 198; 124 Ind. 254; 123 Ala. 125; 71 Iowa 106. 2. Tht deed of Mary J. Matthews to her mother was void because she was one of the parties to receive the benefit of the foreclosure saiq to Barton and because made for the benefit of a debtor wlum insolvent. 10 Ala 231; 3 Md. 11; 47 W Va. 106; 69 N. Y. 1,87. 3. As to Barton’s right to subrogation,-see alsu 56 Aik. 73, 85 Ala. 233. Payment of the entire debt was not a condition precedent; part payment was…

1Opinion of the CourtSmith, J.

A. J. Matthews in his lifetime owned the south half northeast quarter section 34, township 8 north, range 20 west, and executed a mortgage thereon, in which his wife Lavissa joined, to one T. M. Neal, to secure a debt of $1,650. Matthews died, and a suit was brought against his widow and heirs to foreclose this mortgage. In the decree rendered in that cause it is recited that L. E. Barton tendered into court the sum of three thousand dollars as his bid for the land, and that bid was accepted and a commissioner appointed to execute a deed to Barton. The mortgage debt,which appears to have been…

2Cases cited8 opinions

  1. Jones v. HarrisSupreme Court of Arkansas · 1909
  2. Bank of Fayetteville v. LorweinSupreme Court of Arkansas · 1905
  3. Morrow v. United States Mortgage Co.Indiana Supreme Court · 1884
  4. McConnell v. BeattieSupreme Court of Arkansas · 1879
  5. State ex rel. Luck v. AtkinsSupreme Court of Arkansas · 1890

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3Cited by16 opinions

  1. Clifford v. West Hartford Creamery Co.Supreme Court of Vermont · 1931
  2. Houghtelin v. DiehlIdaho Supreme Court · 1929
  3. Pennsylvania National Mutual Casualty Insurance Company, a Pennsylvania Corporation, Cannon Contracting, Inc., Intervenor v. City of Pine Bluff, David Mitchell Construction, Inc. David R. Mitchell Theresa Mitchell Karl F. Dix, Jr. Pine Bluff National Bank Nobel Insurance Company, Surety Association of America, Amicus on Behalf of Pennsylvania National Mutual Casualty Insurance Company, a Pennsylvania Corporation, Cannon Contracting, Inc., Intervenor v. City of Pine Bluff, David Mitchell Construction, Inc. David R. Mitchell Theresa Mitchell Karl F. Dix, Jr. Pine Bluff National Bank Nobel Insurance Company, Pennsylvania National Mutual Casualty Insurance Company, a Pennsylvania Corporation, Cannon Contracting, Inc., Intervenor v. City of Pine Bluff, David Mitchell Construction, Inc. David R. Mitchell Theresa Mitchell Karl F. Dix, Jr. Pine Bluff National Bank Nobel Insurance Company, Surety Association of America, Amicus on Behalf OfCourt of Appeals for the Eighth Circuit · 2004
  4. Obici v. FurcronSupreme Court of Virginia · 1933
  5. Mississippi v. First Nat. Bank of GreenwoodCourt of Appeals for the Fifth Circuit · 1933

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