Stoops v. Bank of Brinkley
Supreme Court of Arkansas
Appeal from Monroe Chancery Court; John M. Elliott, Chancellor; STATEMENT OF FACTS. On the 5th day of June, 1915, appellees brought this suit in equity against appellants to foreclose a deed of trust on real estate and also to attach other real estate on the ground that appellants were nonresidents.
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Appeal from Monroe Chancery Court; John M. Elliott, Chancellor; STATEMENT OF FACTS. On the 5th day of June, 1915, appellees brought this suit in equity against appellants to foreclose a deed of trust on real estate and also to attach other real estate on the ground that appellants were nonresidents. Appellants admitted the execution of the deed of trust sued on, and the foreclosure of the same, but defended the suit on the ground that the land attached had been released from the debt sued on. Appellants, George B. Stoops and Gesina A. Stoops, his wife, live in Chicago, Illinois, and have…
1Opinion of the CourtHart, J.
(after stating the facts). It is the contention of counsel for appellants that under the release clause contained in the deed of trust, the 320 acres of land described in the release deed, and which were attached, could not be made liable for any part of the indebtedness secured by the deed of trust.
On the other hand,, it is the contention of appellees that the release clause in the deed of trust only released the 320 acres described in the release deed from the mortgage, but that it was not the intention to release it from the debt secured by the mortgage. Appellees contend that, if the…
2Cases cited6 opinions
- Brown & Hackney v. DaubsSupreme Court of Arkansas · 1919
- Dugan v. KellySupreme Court of Arkansas · 1905
- Railway v. ShinnSupreme Court of Arkansas · 1889
- Johnson v. Missouri Pacific RailroadSupreme Court of Arkansas · 1919
- Watkins v. GreerSupreme Court of Arkansas · 1889
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Pickens-Bond Construction Co. v. North Little Rock Electric Co.Supreme Court of Arkansas · 1970
- Clear Creek Oil & Gas Co. v. BushmaierSupreme Court of Arkansas · 1924
- Federal Land Bank v. NewsomMississippi Supreme Court · 1935
- Lee Wilson Company v. FlemingSupreme Court of Arkansas · 1941
- Kerr v. WalkerSupreme Court of Arkansas · 1959
9 more not listed; retrieve them via the Exa API.