Hill v. Gregory
Supreme Court of Arkansas
Appeal from Woodruff Circuit Court. H. N. Hutton, Judge. Tbe provision of the statute of 1889 that the same limitation should apply to mortgages and the debts they secured does not affect a mortgage with power of sale, when sought to be enforced by trustee’s sale, given before the passage of the act. 43 Ark. 469; id. 504; 47 Ark. 515. This would be to impair the obligation of subsisting contracts. 40 Ark. 423; 47 Ark. 515; 2 Jones, Mortgages, § 423; Cooley, Const.
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Appeal from Woodruff Circuit Court. H. N. Hutton, Judge. Tbe provision of the statute of 1889 that the same limitation should apply to mortgages and the debts they secured does not affect a mortgage with power of sale, when sought to be enforced by trustee’s sale, given before the passage of the act. 43 Ark. 469; id. 504; 47 Ark. 515. This would be to impair the obligation of subsisting contracts. 40 Ark. 423; 47 Ark. 515; 2 Jones, Mortgages, § 423; Cooley, Const. Lim. 433; 40 Pa. St. 327; 44 Pa. St. 313; 84 Pa. St. 437; 46 id. 127; 9 Cal. 81; 30 N. W. 458; 13 S. E. 664; 18 S. C. 481; 22 id.…
1Opinion of the CourtBunn, C. J.
One W. A. Chaney executed his promissory note and deed of trust, with power of sale, to secure said note to one W. R. Spivey, on the 19th day of January, 1885, said note being due and payable on the 15th day of November, 1885. On the 21st day of February, 1885, said W. A. Chaney executed and delivered his other promissory note to Nathan Gregory, due and payable on the 15th of November, 1885, and to secure the same executed and delivered to E. G. Thompson, as trustee, his deed of trust, in which, for the purpose aforesaid, the same property, was conveyed as in the deed of trust or mortgage…
2Cases cited2 opinions
- Sadler v. SadlerSupreme Court of Arkansas · 1856
- Dyer v. GillSupreme Court of Arkansas · 1877
3Cited by13 opinions
- Morgan v. KendrickSupreme Court of Arkansas · 1909
- Gregg v. WilliamsonSupreme Court of North Carolina · 1957
- Morton v. TullgrenSupreme Court of Arkansas · 1978
- Fitzgerald v. FlanaganSupreme Court of Iowa · 1912
- Clark v. LesserSupreme Court of Arkansas · 1913
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