Hawkins v. Jones
Supreme Court of Arkansas
Appeal from Greene Chancery Court; Archer Wheatley, Chancellor; It was error to set aside the sale and allow the redemption. The price was adequate and no fraud, unfairness or wrongful act or injury was shown. 86 Ark. 255; 65 Id. 152;-77 Id. 216; 123 Id. 18; 99 Id. 324. Unavoidable casualty and misfortune were shown and the chancellor properly refused to confirm the sale, a matter within his sound discretion. 194 S. W. 802; 108 Ark. 366.
1Opinion of the CourtMcCULLOCH, C. J.
This is an appeal from the decree of the chancery court of Greene County setting aside and refusing to confirm a sale of real estate made by a commissioner of the court under a foreclosure decree rendered at a former term. Appellant instituted an action in the chancery court to foreclose a mortgage on the land executed to him by Levi Jones, and on November 9, 1916, the court rendered a final decree in favor of appellant for the recovery of the mortgage debt and a foreclosure of the mortgage. Time was given for the defendant in the decree to pay the debt and on failure to do so the…
2Cases cited1 opinion
- Colonial & United States Mortgage Co. v. SweetSupreme Court of Arkansas · 1898
3Cited by5 opinions
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- Hawkins v. WoodSupreme Court of Arkansas · 1929
- Rose v. BraySupreme Court of Arkansas · 1927