Shurn v. Wilkinson
Supreme Court of Arkansas
Appeal from St. Francis chancery court, Edward D. Robertson■, chancellor; 1. The trust deed was not given to secure a debt due for purchase money. 114 Ark. 14. 2. The wife did not join in the execution of the deed as required for the conveyance of a homestead. 57 Ark. 242; Kirby’s Digest § 3901; 62 Ark. 431; 90 Id. 113; 152 N. W. 809; 64 Ark. 494. 3. The debt is. usurious. 62 Ark. 370; 64 Id. 69. ' Usury may be proven by circumstances. 199 Fed. 406. See also, 50 N. T. 437;…
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Appeal from St. Francis chancery court, Edward D. Robertson■, chancellor; 1. The trust deed was not given to secure a debt due for purchase money. 114 Ark. 14. 2. The wife did not join in the execution of the deed as required for the conveyance of a homestead. 57 Ark. 242; Kirby’s Digest § 3901; 62 Ark. 431; 90 Id. 113; 152 N. W. 809; 64 Ark. 494. 3. The debt is. usurious. 62 Ark. 370; 64 Id. 69. ' Usury may be proven by circumstances. 199 Fed. 406. See also, 50 N. T. 437; 22 Hun. 208; 1 Hill, 227; 54 So. 166. 1. The deed was executed to secure a purchase money debt. 66 Ark. 367; 69 Id. 123,…
1Opinion of the Court
HART, J.,
(after stating the facts). The principal contention of appellants is that the mortgage is. void because it was not executed in compliance with section 3901 of Kirby’s Digest concerning conveyances of the homestead. The statute provides in effect that no conveyance, mortgage, or other instrument affecting the homestead of any married man shall be of any validity unless his wife joins in the execution of said instrument and acknowledges the same.
(1-2) It will be remembered that the mortgage executed on the 8th day of April, 1911, is the one sought to be foreclosed. In that mortgage…
2Cases cited5 opinions
- Pipkin v. WilliamsSupreme Court of Arkansas · 1893
- Sledge & Norfleet Co. v. CraigSupreme Court of Arkansas · 1908
- Davies v. PughSupreme Court of Arkansas · 1907
- Gantt v. HildrethSupreme Court of Arkansas · 1909
- Roark v. MatthewsSupreme Court of Arkansas · 1916
3Cited by4 opinions
- Mayfield v. SehonSupreme Court of Arkansas · 1943
- Buckeye Cotton Oil Co. v. WesterfieldSupreme Court of Arkansas · 1932
- Teel v. HarndenSupreme Court of Arkansas · 1942
- Jordan v. Wilkerson & Carroll Cotton Co.Supreme Court of Arkansas · 1922