Carpenter v. Ellenbrook
Supreme Court of Arkansas
Appeal from Garland Circuit Court in Chancery. Alexander M. Dueeie, Judge. The mortgage was void for duress. Citing 15 Cent. D. J. 232; 15 Neb. 57 ; 78 Ga. 67 ; 106 Mass. 291. The decree recites that the cause was heard upon the pleadings, depositions, etc., and oral proof. This latter was not brought into the record by bill of exceptions or otherwise.
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Appeal from Garland Circuit Court in Chancery. Alexander M. Dueeie, Judge. The mortgage was void for duress. Citing 15 Cent. D. J. 232; 15 Neb. 57 ; 78 Ga. 67 ; 106 Mass. 291. The decree recites that the cause was heard upon the pleadings, depositions, etc., and oral proof. This latter was not brought into the record by bill of exceptions or otherwise. This court will not disturb the findings of a chancellor, when it is manifest that the whole testimony is not before this court. 44 Ark. 74 ; 54 id. 159; 55 id. 122; 41 id. 292. As to duress see 18 Ark. 215 ; 49 id. 70; 46 Ind. 532 ; 18 Cal.…
1Opinion of the CourtMansfield, J.
This was a suit to foreclose a mortgage. The answer alleged that the mortgage was executed under duress; but the finding of the chancellor was ag'ainst the defendants, and the relief sought by the complaint was granted. They have appealed.
The decree recites that oral testimony was heard at the trial; and this was not brought into the record, either by bill of exceptions, or by reducing' it to writing and causing it to be filed as a part of the evidence. All the testimony not being' before us, we must, according to the practice of this court in such cases, presume that the finding made upon it…
2Cases cited2 opinions
- Casteel v. CasteelSupreme Court of Arkansas · 1882
- Hershy v. BermanSupreme Court of Arkansas · 1885
3Cited by9 opinions
- Dierks Lumber & Coal Co. v. CunninghamSupreme Court of Arkansas · 1907
- Simpson v. TalbotSupreme Court of Arkansas · 1904
- Smith v. Pettus, CuratorSupreme Court of Arkansas · 1943
- Haynie v. DicusSupreme Court of Arkansas · 1947
- Whatley v. WhatleySupreme Court of Arkansas · 1943
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