Sutton v. Myrick
Supreme Court of Arkansas
APPEAL from Phillips Circuit Court in Chancery. Hon. J. N. Cypert, Circuit Judge. 1. There was no contract of sale. Myrick was in possession of the land, with a lien upon the rents, and not as purchaser. 2. And being so in possession, held the same, as mortgagees, as security for their claims.
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APPEAL from Phillips Circuit Court in Chancery. Hon. J. N. Cypert, Circuit Judge. 1. There was no contract of sale. Myrick was in possession of the land, with a lien upon the rents, and not as purchaser. 2. And being so in possession, held the same, as mortgagees, as security for their claims. Mortgagees in possession, without special authority, will only be allowed for such improvements as are absolutely necessary for the support of the property and to keep it from waste and danger. (18 Ark., 52; Landon v. Hooper, 6 Bea., 21¡j6; 2 Jones on Mortgages, sec. 11277) They should have been charged…
1Opinion of the Court
Williams, Sp. J.
Josephine Myrick filed her complaint in this cause in the Phillips Circuit Court in Chancery, in which she claimed that in the fall of 1877, through her husband as her agent, she had made a contract with Mrs. Jane A. Sutton for the purchase, by parol, from her, of a certain tract of land in Phillips County, described in the complaint, in consideration that she would pay three notes of Mrs. Sutton to Alcus, Scherk & Auty, for nine hundred and fifty-nine and four one-hundredth dollars each, all drawing six per cent, interest from January 7, 1875, to secure which they held a deed…
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