American Freehold Land Mortgage Co. v. McManus
Supreme Court of Arkansas
Appeal from Monroe Circuit Court in Chancery. Jas. F. Thomas, Judge. STATEMENT BY THE COURT. This is an appeal from the chancery side of the Monroe circuit court.
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Appeal from Monroe Circuit Court in Chancery. Jas. F. Thomas, Judge. STATEMENT BY THE COURT. This is an appeal from the chancery side of the Monroe circuit court. The appellee, Mary E. McManus, alleges in her complaint that she is the owner and in possession of the northeast quarter of section 23, township 1 south, range 2 west, situated in Monroe county, Ark., and containing 160 acres; that she bought the above described land from Thomas L. Matthews and wife, Laura M. Matthews, January 1, 1891, and paid therefor a valuable consideration; that she went into immediate possession of said land,…
1Opinion of the Court
Wood, J.,
(after stating the facts.) The object of plaintiff’s complaint was to cancel a deed of trust, which she claims was a cloud upou her title. She makes the deed of trust an exhibit to her complaint. A deed made an exhibit and referred to in a complaint in equity, and thereby made part of the record, would control the averments of the complaint. Buckner v. Davis, 29 Ark. 444; Beavers v. Baucum, 33 Ark. 722. Here the deed of trust exhibited with plaintiff’s complaint contains an express covenant to pay the debt of appellants, exactly similar to that contained in the deed of trust passed…
2Cases cited3 opinions
- Beavers v. BaucumSupreme Court of Arkansas · 1878
- Buckner & Co. v. DavisSupreme Court of Arkansas · 1874
- New England Mortgage Security Co. v. RedingSupreme Court of Arkansas · 1898
3Cited by14 opinions
- Cox v. SmithSupreme Court of Arkansas · 1911
- Sims v. MillerSupreme Court of Arkansas · 1922
- Swift v. ErwinSupreme Court of Arkansas · 1912
- Wilson v. OvertureSupreme Court of Arkansas · 1923
- Livingston v. New England Mortgage Security Co.Supreme Court of Arkansas · 1906
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