Jett v. Crittenden
Supreme Court of Arkansas
Appeal from ’Chicot Chancery Court; Zachariah X. Wood, Chancellor; STATEMENT BY TI-IE COURT. On July 29, 1907, appellant filed his bill in equity asking that a certain mortgage given by him to appellees, O. B. Crittenden & Company, lessees of the Sunny Side Store, on March 25, 1905, for $1400, be cancelled, setting up that the same had been by him paid to said appellees, and that the same was a cloud upon his title to the land described in said mortgage, and further prayed…
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Appeal from ’Chicot Chancery Court; Zachariah X. Wood, Chancellor; STATEMENT BY TI-IE COURT. On July 29, 1907, appellant filed his bill in equity asking that a certain mortgage given by him to appellees, O. B. Crittenden & Company, lessees of the Sunny Side Store, on March 25, 1905, for $1400, be cancelled, setting up that the same had been by him paid to said appellees, and that the same was a cloud upon his title to the land described in said mortgage, and further prayed that he have judgment against appellees for $1113 as damages for failure to mark the record of said mortgage satisfied.…
1Opinion of the Court
Hart, J.,
(after stating the facts.) Counsel for appellant insists that the debt secured by the mortgage of March 25, 1905, to O. B. Critténden & Company, lessees of Sunny Side Store, has been settled, and that therefore the court erred in • rendering a decree for the foreclosure of said mortgage and a judgment for the amount found to be due thereunder.
It is impossible to determine the truth or falsity of this contention from the abstract. Rule 9 of the court requires that the appellant shall file an abstract or abridgment of the transcript, setting forth the material parts of the pleadings,…
2Cases cited3 opinions
- Neal v. BrandonSupreme Court of Arkansas · 1905
- Ruble v. HelmSupreme Court of Arkansas · 1893
- Siloam Springs v. BroylesSupreme Court of Arkansas · 1908
3Cited by15 opinions
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- Baker-McGrew Co. v. Union Seed & Fertilizer Co.Supreme Court of Arkansas · 1916
- Porter v. Time Stores, Inc.Supreme Court of Arkansas · 1957
- Ellington v. RemmelSupreme Court of Arkansas · 1956
- Files v. TebbsSupreme Court of Arkansas · 1911
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