Choate v. Kimball
Supreme Court of Arkansas
Appeal from Yell Circuit Court in Chancery. Dan-ville District. George E. Kimball brought suit in 1890 to foreclose a mortgage executed in 1880 by T. J. Choate and W. D. Scott, on the south half of section 2 in township 6 north, range 22 west; also one engine and boiler, one Straub mill, one saw mill complete, and all pipes, belts, pulleys and all other attachments to make the above machinery in complete running order.
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Appeal from Yell Circuit Court in Chancery. Dan-ville District. George E. Kimball brought suit in 1890 to foreclose a mortgage executed in 1880 by T. J. Choate and W. D. Scott, on the south half of section 2 in township 6 north, range 22 west; also one engine and boiler, one Straub mill, one saw mill complete, and all pipes, belts, pulleys and all other attachments to make the above machinery in complete running order. The mortgage was executed to secure payment of two notes aggregating $3,594.00, given for the purchase of the above mentioned property. The complaint further alleged' that'…
1Opinion of the CourtHemingway, J.
The parties agree in stating two questions for our consideration, which we find to be decisive of this cause. They are as follows :
First. Is there a partial failure of consideration of the notes and mortgage sued on ?
Second. Is the new machinery which is involved in this suit, which is not mentioned in the mortgage, and which was purchased more than seven years after the execution of said mortgage, to be treated as fixtures, and be held subject to said mortgage ?
Upon the first question we have found no difficulty. For if it be conceded that Kimball and Perry sold the Dyer homestead to Choate…
2Cases cited3 opinions
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