Evans v. Williams
Supreme Court of Arkansas
Appeal from St. Francis Chancery Court; Edward D. Robertson, Chancellor; STATEMENT BY THE COURT. Appellees in the first above styled case, brought suit to renew the order of sale of certain lands, decreed to he sold under a foreclosure of a mortgage, in the case of J. W. Robinson,.et:al., trustees v. Mary E. Rlanton, et al, the day of sale of said lands in the original decree having passed and it being necessary to appoint a new commissioner for the púrpdse.
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Appeal from St. Francis Chancery Court; Edward D. Robertson, Chancellor; STATEMENT BY THE COURT. Appellees in the first above styled case, brought suit to renew the order of sale of certain lands, decreed to he sold under a foreclosure of a mortgage, in the case of J. W. Robinson,.et:al., trustees v. Mary E. Rlanton, et al, the day of sale of said lands in the original decree having passed and it being necessary to appoint a new commissioner for the púrpdse. The petition stated that the Bank of Forrest City had guaranteed to the Home Life and Accident Co., the present owner of said decree,…
1Opinion of the CourtKirby, J.
(after stating the facts). (1) We are unable to say, after a careful consideration -of the whole record, that the chancellor’s finding against the contention that the decree was paid and should have been satisfied, is clearly against the preponderance of the testimony. It is undoubtedly true that, enough money to satisfy it was taken by Eugene Williams to Memphis and paid to the owner of the decree, but about $2;000 of this sum was furnished by the bank and charged against Mrs. Evans as a depositor and the other $4,000 was realized from a sale of a piece of land, her separate property, upon…
2Cases cited3 opinions
- Blanton v. RoseSupreme Court of Arkansas · 1902
- Trapnall's adx. v. State BankSupreme Court of Arkansas · 1856
- Paragould Trust Co. v. PerrinSupreme Court of Arkansas · 1912