Garretson v. White
Supreme Court of Arkansas
Appeal from Jefferson Chancery Court. John M. Elliott, Chancellor. The agreement ■ between appellant and the mortgagor as to the release of the equity of redemption was valid and binding. 62 Ark. 207. The mortgagor must plead and prove that the mortgaged property is his homestead, in order to be entitled to the benefit of the formalities necessary to a transfer thereof. 53 Ark. 182; 56 Ark. 139; 57 Ark. 179.
1Opinion of the CourtBattle, J.
H. King White and W. G. Streett brought an action on the 11th day of October, 1898, to foreclose a mortgage that Moses Crawford and wife executed to them on the 11th day of January, 1894, to secure the payment of a note for $100. The property mortgaged was certain land described in their complaint.
Mrs. Kate S. Garretson, one of the defendants, filed a separate answer and cross-complaint, alleging that Crawford, on the 9th day of February, 1889, executed to her a prior deed of mortgage on the same land to secure the payment of a note of that date for $662.50 and 10 per cent, per annum interest…
2Cases cited3 opinions
- Guynn v. McCauleySupreme Court of Arkansas · 1877
- Bazemore v. MullinsSupreme Court of Arkansas · 1889
- Heard v. Knights of HonorSupreme Court of Arkansas · 1892
3Cited by2 opinions
- Freer v. LessSupreme Court of Arkansas · 1923
- Gamble v. JohnsonSupreme Court of Arkansas · 1953