Whittington v. Flint
Supreme Court of Arkansas
APPEAL from Pulaski Circuit Court. PI on. J. W. Martin Circuit Judge. In order to bar tbe claim of a mortgagee there must be an open, notorious and adverse possession. Birnie v. Maine, 29 Ark., 591. In this case there was no adverse holding; no disclaimer of appellant’s title.
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APPEAL from Pulaski Circuit Court. PI on. J. W. Martin Circuit Judge. In order to bar tbe claim of a mortgagee there must be an open, notorious and adverse possession. Birnie v. Maine, 29 Ark., 591. In this case there was no adverse holding; no disclaimer of appellant’s title. The mortgagor until foreclosure has a right to hold the mortgaged premises, and unless he or those claiming under him does some open unequivocal act, sufficient to put the mortgagee upon his guard and warn him of the necessity of prompt action, the statute will not run, though ■upon general principles of equity he might…
1Opinion of the CourtSmith, J.
Whittington, on the first of April, 1878, brought ejectment against Elint and his tenants for a lot in the City of Little Rock. He claimed under a mortgage executed by William E. Woodruff, Sr., in the year 1853, and under a Master’s sale and conveyance to him made pursuant to a decree of foreclosure. The mortgage had been recorded in due season in the proper office, and embraced other lots beside the one in controversy. The bill for foreclosure, to which the mortgagor was the sole defendant, was not filed until 1877 ; hut the mortgagor had made partial payments on the debt in 1858, in 1871…
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