Davis v. Hale
Supreme Court of Arkansas
Appeal from Mississippi Chancery Court, Osceola District; Charles D. Frierson, Chancellor; STATEMENT BY THE COURT. In March, 1913, H. J. Hale, as trustee for W. P. Hale, and F. B. Hale, as trustee for Osceola Cotton Oil Company, instituted an action in the chancery court against Hattie Davis, Frank Davis, Mattie Davis and Robert Davis, tó foreclose a mortgage on real estate.
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Appeal from Mississippi Chancery Court, Osceola District; Charles D. Frierson, Chancellor; STATEMENT BY THE COURT. In March, 1913, H. J. Hale, as trustee for W. P. Hale, and F. B. Hale, as trustee for Osceola Cotton Oil Company, instituted an action in the chancery court against Hattie Davis, Frank Davis, Mattie Davis and Robert Davis, tó foreclose a mortgage on real estate. The facts are as follows: On the 5th day of November, 1909, Charles Davis and Hattie Davis, his wife, executed a deed of trust on their homestead to H. J. Hale, trustee, to secure a note due W. P. Hale for $300. The…
1Opinion of the Court
Hart, J.,
(after stating the facts). (1) The court should not have given the defendants leave to file a bill of review. To support a bill of review for newly discovered matter, the matter must be such as could not have been discovered by the use of reasonable diligence. Boynton v. Chicago Mill & Lumber Co., 84 Ark. 203; Jackson v. Becktold Printing & Book Mfg. Co., 97 Ark. 415; Smith v. Rucker, 95 Ark. 517.
The defendants knew, or by the exercise of reasonable diligence could have known, that Hattie Davis had not acknowledged the deed of trust to H. J. Hale as trustee for W. P. Hale before the…
2Cases cited14 opinions
- Pipkin v. WilliamsSupreme Court of Arkansas · 1893
- Green v. AbrahamSupreme Court of Arkansas · 1884
- Davie v. DavieSupreme Court of Arkansas · 1889
- Ardmore Nat. Bank v. Briggs MacHinery & Supply Co.Supreme Court of Oklahoma · 1908
- Boynton v. Chicago Mill & Lumber Co.Supreme Court of Arkansas · 1907
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- Hawkins v. First National Bank, Crossett (In Re Bearhouse, Inc.)United States Bankruptcy Court, W.D. Arkansas · 1989
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