Daniel v. Garner
Supreme Court of Arkansas
Appeal from Lee Circuit Court. Hance N. Hutton, Judge. The right to foreclose a mortgage is created by the power contained in the instrument. 55 Ark. 227; 109 111. 442. The substituted trustee may act. 2 Jones, Mortg., 1774; 26 Am. & Eng. Enc. Law, 887. The power to appoint a new trustee can only be given by the author of the trust. 1 Perry, Trusts, 287; 48 S. W. 127. Unless the trust deed requires it, the reason for the substitution need not be given. 26 Am. & Eng. Enc.
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Appeal from Lee Circuit Court. Hance N. Hutton, Judge. The right to foreclose a mortgage is created by the power contained in the instrument. 55 Ark. 227; 109 111. 442. The substituted trustee may act. 2 Jones, Mortg., 1774; 26 Am. & Eng. Enc. Law, 887. The power to appoint a new trustee can only be given by the author of the trust. 1 Perry, Trusts, 287; 48 S. W. 127. Unless the trust deed requires it, the reason for the substitution need not be given. 26 Am. & Eng. Enc. Law, 889; 125 111. 474; 53 Ark. 185. The statute requiring that a power to convey real estate must be recorded, it must of…
1Opinion of the CourtBattle, J.
Walter Garner and Sarah B. Whittle commenced an action at law against George B. Daniel to recover possession of certain land described in their complaint. They allege that Sarah E. Whittle was their mother, and the owner of. the land, and died in possession; that she died intestate, and they are her only heirs at law.
The defendant answered, denying that the plaintiffs are the owners, or entitled to the possession, of the land, and alleging, in part, as follows: “That on the 8th day of June, 1893, Mrs. Sarah Whittle, the mother of complainants, and her husband, J. G. Whittle, who is the father…
2Cases cited6 opinions
- Horsley v. HilburnSupreme Court of Arkansas · 1884
- Johnson v. DodgeIllinois Supreme Court · 1856
- Turner v. WatkinsSupreme Court of Arkansas · 1876
- Wells v. RiceSupreme Court of Arkansas · 1879
- Reeve v. JacksonSupreme Court of Arkansas · 1885
1 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Morgan v. KendrickSupreme Court of Arkansas · 1909
- Herrick v. RobinsonSupreme Court of Arkansas · 1980
- Arkansas Insurance v. McManusSupreme Court of Arkansas · 1908
- Dunbar v. BourlandSupreme Court of Arkansas · 1908
- Church v. GallicSupreme Court of Arkansas · 1905
22 more not listed; retrieve them via the Exa API.