Goodman v. Pareira
Supreme Court of Arkansas
Appeal from Pulaski Chancery Court. Ti-iomas B. Martin, Chancellor. STATEMENT BY THE COURT. On the 18th day of August, 1876, Isaac Swanigan executed and delivered to A. Kempner four promissory notes, for $198.75 each, payable on January 1, 1877, 1878, 1879 and 1880, respectively, bearing interest at the rate of 8 per cent, per annum from January 1, 1877. On the same day, to secure the payment of said notes, Swanigan and his wife, Isabella, executed to I. Pareira, trustee, a…
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Appeal from Pulaski Chancery Court. Ti-iomas B. Martin, Chancellor. STATEMENT BY THE COURT. On the 18th day of August, 1876, Isaac Swanigan executed and delivered to A. Kempner four promissory notes, for $198.75 each, payable on January 1, 1877, 1878, 1879 and 1880, respectively, bearing interest at the rate of 8 per cent, per annum from January 1, 1877. On the same day, to secure the payment of said notes, Swanigan and his wife, Isabella, executed to I. Pareira, trustee, a deed of trust convejdng the southeast cpiarter of the east half of the southeast quarter of section 10, township 2…
1Opinion of the Court
Hughes, J.,
(after stating the facts.) The notes which the trust deed was given to secure were executed by Swanigan, the mortgagor, by making his mark, which was not witnessed as required by law, wherefore the appellants contend that the evidence of their execution is not sufficient. But the deed of trust contained a full description of the notes, and it was duly acknowledged and filed for record. This was sufficient proof of the execution of the notes. Was the deed of trust barred?
When it was executed the law was that, to bar a proceeding to foreclose a mortgage, there must hare been an…
2Cases cited4 opinions
- Ringo v. WoodruffSupreme Court of Arkansas · 1884
- Whittington v. FlintSupreme Court of Arkansas · 1884
- Birnie v. MainSupreme Court of Arkansas · 1874
- Duke v. StateSupreme Court of Arkansas · 1892
3Cited by7 opinions
- Ward v. StarkSupreme Court of Arkansas · 1909
- Jolley v. MeekSupreme Court of Arkansas · 1932
- A. R. Bowdre & Co. v. PittsSupreme Court of Arkansas · 1910
- Jones v. NixSupreme Court of Arkansas · 1960
- O'Neal v. Judsonia State BankSupreme Court of Arkansas · 1914
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