Sellers v. Horney
Supreme Court of Arkansas
Appeal from St. Francis Chancery Court; A. L. Hutchins, Chancellor; The chancery court is bound by the directions in the mandate of this court. It can not add to nor subtract therefrom. 21 Ark. 197; 60 Id. 50 ; 13 Id. 654; 5 Id. 200; 106 Id. 292; 126 Id. 197. That part of the decree allowing judgment for items furnished after April 30, 1913, was error. The former decree and mandate of this court settle this case.
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Appeal from St. Francis Chancery Court; A. L. Hutchins, Chancellor; The chancery court is bound by the directions in the mandate of this court. It can not add to nor subtract therefrom. 21 Ark. 197; 60 Id. 50 ; 13 Id. 654; 5 Id. 200; 106 Id. 292; 126 Id. 197. That part of the decree allowing judgment for items furnished after April 30, 1913, was error. The former decree and mandate of this court settle this case. The chancery court has passed on the merits of this case and the decree is final, and the entire contro-’ yersy is settled. 198 S. "W, 961, A court of equity having jurisdiction of…
1Opinion of the CourtMcCulloch, C. J.
Appellees instituted this action in the chancery court of St. Francis County to foreclose a deed of trust executed by appellant’s intestate conveying certain real property in Forrest City to secure a debt to appellee Horney. The secured debt was evidenced by a promissory note in the sum of $1,000, due and payable on April 30, 1913, which was recited in the deed of trust, but the evidence in the case showed that the note was executed for an indeterminate amount of advances in money to be made by appellee Horney to the mortgagor. On the final hearing of the cause the chancery court rendered a…
2Cases cited4 opinions
- Hopson v. FriersonSupreme Court of Arkansas · 1912
- Gaither v. CampbellSupreme Court of Arkansas · 1910
- McClintock v. RobertsonSupreme Court of Arkansas · 1911
- LaCotts v. LaCottsSupreme Court of Arkansas · 1915
3Cited by1 opinion
- Ferguson v. GreenSupreme Court of Arkansas · 1979