Hannah v. Carrington
Supreme Court of Arkansas
Appeal from the Circuit Court of Hempstead county, As far as the equity of redemption in the two negroes was concerned, Mrs. Carrington owned that, under the agreement between her and Bouldin; and the effect of the decree in favor of Fowlkes, was to confirm both sales to him, that under order of the Probate Court and that made by Hannah, the trustee, and absolutely decreed to Fowlkes all the title which Carring-ton had at his death in the property so sold.
Read the full summary
Appeal from the Circuit Court of Hempstead county, As far as the equity of redemption in the two negroes was concerned, Mrs. Carrington owned that, under the agreement between her and Bouldin; and the effect of the decree in favor of Fowlkes, was to confirm both sales to him, that under order of the Probate Court and that made by Hannah, the trustee, and absolutely decreed to Fowlkes all the title which Carring-ton had at his death in the property so sold. A deed of trust with power of sale will be regarded in equity simply as a mortgage, with like power. Equity regards the mortgagor as still…
1Opinion of the CourtChief Justice English
In January, 1852, Edward B. Fowlkes filed a bill in the Hempstead Circuit Court, against Joanna T. Carrington, Albert Rust and Richard Boyd, as executor of Wm. B. Easely, for the recovery of two slaves, etc. The material allegations of the bill are as follows:
On the 12th of August, 1843, Robert Carrington, of Hemp-stead county, executed a mortgage to Wm. B. Easely of Virginia, upon forty two slaves, among which were Peter and Iver-son, to secure the payment of a bond for $12,229 71, due at the time. The mortgage extended the day of payment to the 1st of January following. The slaves embraced…
2Cases cited6 opinions
- Parsons v. BoydSupreme Court of Alabama · 1852
- Brown v. LipscombSupreme Court of Alabama · 1839
- Hall v. HarrisTexas Supreme Court · 1854
- Goodwin v. LloydSupreme Court of Alabama · 1838
- Magee v. CarpenterSupreme Court of Alabama · 1842
1 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Mortgage Electronic Registration System, Inc. v. Southwest Homes of Arkansas, Inc.Supreme Court of Arkansas · 2009
- Johnston & Son v. RobuckSupreme Court of Iowa · 1898
- Kimbro v. WellsSupreme Court of Arkansas · 1914
- Corey v. WadsworthSupreme Court of Alabama · 1897
- Perry County Bank v. RankinSupreme Court of Arkansas · 1905
12 more not listed; retrieve them via the Exa API.