Neff v. Elder
Supreme Court of Arkansas
Appeal from Fulton Chancery Court; George T. Humphries, Chancellor; STATEMENT by the court. This is an appeal from a decree of the Fulton Chancery Court, dismissing for want of equity the complaint of J. T. Neff filed against B. F. Elder, J. E. Ford and H. H. Simon.
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Appeal from Fulton Chancery Court; George T. Humphries, Chancellor; STATEMENT by the court. This is an appeal from a decree of the Fulton Chancery Court, dismissing for want of equity the complaint of J. T. Neff filed against B. F. Elder, J. E. Ford and H. H. Simon. The prayer of the complaint is to set aside a certain conveyance to the defendants by a commissioner in chancery or to have the plaintiff subrogated to the lien of a mortgage on the real estate in controversy, which mortgage the plaintiff alleges that he paid off. On October 4, 1898, G. W. Lane and wife, being the owners of…
1Opinion of the Court
McCulloch, J.,
(after stating the facts). 1. The chancellor was right in refusing to allow the bill of review to be filed or to decree a cancellation of the sale to appellees, Elder, Ford and Simons. No grounds were shown for such relief. The only irregularity shown in the sale was a mistake in the commissioner’s advertisement of sale wherein the date was given as June i, 1093, instead of 1903. This was a trivial irregularity in the notice, and no one could have been misled by the mistake. It was cured by the confirmation of the court. No proof was adduced tending to show collusion between the…
2Cases cited12 opinions
- Smith v. . RobertsNew York Court of Appeals · 1883
- Union Mortgage, Banking & Trust Co. v. Peters & TrezevantMississippi Supreme Court · 1895
- Bemis v. First National BankSupreme Court of Arkansas · 1897
- Chaffe Bro. v. OliverSupreme Court of Arkansas · 1882
- Steele v. RobertsonSupreme Court of Arkansas · 1905
7 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Brown v. NelmsSupreme Court of Arkansas · 1908
- Beauchamp v. BertigSupreme Court of Arkansas · 1909
- Felker v. RiceSupreme Court of Arkansas · 1913
- Baker v. LeighSupreme Court of Arkansas · 1965
- Bronnenberg v. Indiana Union Traction Co.Indiana Court of Appeals · 1915
15 more not listed; retrieve them via the Exa API.