Foreman v. Holloway & Son
Supreme Court of Arkansas
Appeal from White Chancery Court; John E. Martineau, Chancellor; STATEMENT BY THE COURT. One J. D. Tevis ¡borrowed from C-eorge M. Foreman $2,600, executing his promissory note therefor and a deed of trust to secure the same on certain lands. Tevis having failed to pay the money when due, this suit was instituted on the note and to foreclose the deed of trust.
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Appeal from White Chancery Court; John E. Martineau, Chancellor; STATEMENT BY THE COURT. One J. D. Tevis ¡borrowed from C-eorge M. Foreman $2,600, executing his promissory note therefor and a deed of trust to secure the same on certain lands. Tevis having failed to pay the money when due, this suit was instituted on the note and to foreclose the deed of trust. Judgment was entered against Tevis, and it appearing that during the life of the mortgage G-. D. Holloway & Son had purchased certain timber that had been cut by other parties from the land without the consent of the trustee or Foreman,…
1Opinion of the Court
Wood, J.,
(after stating the facts). Appellants contend that instead of $160.93, the value of the standing timber in the woods, judgment should have been rendered in their favor for the sum of $368.75, the latter sum being the value of the timiber at the mill of appellees, which amount was made up of the valúe of the timber in the woods plus the cost of cutting and hauling the same to the mill.
To support this contention appellants rely upon the case of Griffith v. Ayer-Lord Tie Co., 109 Ark. 223. In that case the appellee, the Ayer-Lord Tie Company, claimed under an instrument which the court…
2Cases cited1 opinion
- Griffith v. Ayer-Lord Tie Co.Supreme Court of Arkansas · 1913
3Cited by13 opinions
- Watkins v. Siler Logging Co.Washington Supreme Court · 1941
- Mortgage Electronic Registration System, Inc. v. Southwest Homes of Arkansas, Inc.Supreme Court of Arkansas · 2009
- Baker-Matthews Lumber Company v. Bank of LepantoSupreme Court of Arkansas · 1926
- Burbridge v. Bradley Lumber Co.Supreme Court of Arkansas · 1951
- Sorrels v. ChildersSupreme Court of Arkansas · 1917
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