Wood v. Holland
Supreme Court of Arkansas
Appeal from White Chancery Court. David W. Carroll, Chancellor. The former suit in this case' (53 Ark. 69) was affirmed without prejudice, and within the year allowed by law they brought this suit. It is not barred, as the tender was within the year. Mansf. Dig. sec. 4497 ; 53 Ark. 96; 13 id. 269; ib. 276; 49 id.. 248 ; 29 Kans. 5; 56 Vt. 60; 16 Pick. (Mass.) 386; 13 Am. & Eng. Enc.
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Appeal from White Chancery Court. David W. Carroll, Chancellor. The former suit in this case' (53 Ark. 69) was affirmed without prejudice, and within the year allowed by law they brought this suit. It is not barred, as the tender was within the year. Mansf. Dig. sec. 4497 ; 53 Ark. 96; 13 id. 269; ib. 276; 49 id.. 248 ; 29 Kans. 5; 56 Vt. 60; 16 Pick. (Mass.) 386; 13 Am. & Eng. Enc. Daw, 386 ; 80 Ala. 376. 1. In 53 Ark. 69, it was held that, in order to redeem, it was necessary to tender the entire purchase money due. The fact that the judgment was affirmed in that case without “ prejudice ”…
1Opinion of the CourtCockridd, C. J.
The appellants filed their complaint against Holland and Filing wood, appellees, to redeem a tract of land from a mortgage, and from a sale had under the mortgage, in pursuance of a power to sell, vested in a trustee by that instrument; and to have an account of the rents and profits, and for other relief.
The court sustained a demurrer to the complaint upon the ground that it showed no equity in the plaintiffs. They rested,_ the complaint was dismissed, and the question for determination here is, did the plaintiffs’ complaint allege facts which would entitle them to redeem ?
We take the…
2Cases cited4 opinions
- Hays v. ThodeSupreme Court of Iowa · 1864
- Schearff v. DodgeSupreme Court of Arkansas · 1878
- Wood v. HollandSupreme Court of Arkansas · 1890
- Dailey v. AbbottSupreme Court of Arkansas · 1883
3Cited by8 opinions
- Smith v. SimpsonSupreme Court of Arkansas · 1917
- In Re Sugarloaf Properties, Inc.United States Bankruptcy Court, E.D. Arkansas · 2002
- Longino v. Barr-Warren Commission Co.Supreme Court of Arkansas · 1907
- Fields v. DanenhowerSupreme Court of Arkansas · 1898
- Lambright v. BalesSupreme Court of Arkansas · 1919
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