Hadley v. Bryan
Supreme Court of Arkansas
Appeal from Lawrence Circuit Court in Chancery. Frederick D. Fulkerson, Judge. No judgment should -have been rendered, in favor of the trustee, on the note; an exhibit cannot supply a defect of allegation in a complaint,, and in case of conflict the complaint controls. 50 Cal. 298; 32 Cal. 145-; 75 Cal. 633; 66 Fed. 253. The payment made by Gibson for Olney, one of the three joint defendants'in-the judgment, operated to completely discharge him. 44 Ark. 348, 349 ; 45 Ark.…
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Appeal from Lawrence Circuit Court in Chancery. Frederick D. Fulkerson, Judge. No judgment should -have been rendered, in favor of the trustee, on the note; an exhibit cannot supply a defect of allegation in a complaint,, and in case of conflict the complaint controls. 50 Cal. 298; 32 Cal. 145-; 75 Cal. 633; 66 Fed. 253. The payment made by Gibson for Olney, one of the three joint defendants'in-the judgment, operated to completely discharge him. 44 Ark. 348, 349 ; 45 Ark. 290, 292. The joint judgment against Hadley, Olney and Wilson was an entirety, and when it was satisfied as against Olney,…
1Opinion of the CourtBunn, C. J.
On the 14th February, 1898, J. J. Bryan, as trustee for the use and benefit of the Bank of Black Bock, filed his complaint in equity to foreclose a deed of .trust executed by H. H. Hadley and wife, to secure a note executed by H. H. Hadley and John K. Oibson to said bank for the sum of $250, dated February 10, 1898, due and payable on the 10th May, 1898, with interest from date until paid at the rate of 10 per centum per annum. Among other things, it was alleged in the complaint: That on August 30, 1888, James M. Stout and George M. Caldwell, partners, recovered judgment against H. H. Hadley,…
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