Lester v. Richardson
Supreme Court of Arkansas
Appeal from Garland Chancery Court. LelaND LeatheRMAN. Chancellor. Suit by' L. D. Kichardson against Thompson T. Lester and others. From a decree for plaintiff, defendant has appealed. Equity should relieve against the effects of a mistake of law and fact into which appellant was induced by the fraudulent representations of Murray. 1 Story, Eq. §§ 110, 136; 2 Pom. Eq.
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Appeal from Garland Chancery Court. LelaND LeatheRMAN. Chancellor. Suit by' L. D. Kichardson against Thompson T. Lester and others. From a decree for plaintiff, defendant has appealed. Equity should relieve against the effects of a mistake of law and fact into which appellant was induced by the fraudulent representations of Murray. 1 Story, Eq. §§ 110, 136; 2 Pom. Eq. Jur. § 849; Jones, Mortg-. § 971; 54 Ark. 154; 43 N. W. 91; 9 N. W. 844;-28 N. W. 924; 13 Pac. 434; 35 N. W. 629; 89 Mo. 383; 35 Ta. 157; 69 N. E. 495; 23 Me. 388; 15 Wis. 612; 54 Miss. 446; 64 N Y. 397; 5 S. E. 418. The court’s…
1Opinion of the CourtBattle, J.
On the 28th of June, 1889, R. Murray and Mary Murray executed to Thompson T. Lester their promissory note for the sum of $500, due and payable on or before the 28th day of March, 1890, bearing interest at the rate of 10 per cent, per annum from date until paid; and on the 28th of June, 1889, conveyed by deed of mortgage to Lester the north half of lot 5, in block 47, in the city of Hot Springs, in this state, to secure the payment of said note. This mortgage was properly acknowledged on the day of its execution, and was recorded on the 30th of August, 1889. On the 25th of November, 1893, R.…
2Cases cited2 opinions
- Neidig v. WhitefordCourt of Appeals of Maryland · 1868
- Woollen v. HillenCourt of Appeals of Maryland · 1850
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- United States Fidelity & Guaranty Co. v. Borough Bank of BrooklynAppellate Division of the Supreme Court of the State of New York · 1914
- New York Life Insurance v. NicholSupreme Court of Arkansas · 1926
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