Legal Opinion

Hill v. Hite

U.S. Circuit Court for the District of Eastern Arkansas

Decided April 10, 1897Published

This was a suit in equity brought by Hill, Fontaine & Co. against Henry and Laura Hite to enforce a mortgage on land.

1Opinion of the Court

WILLIAMS, District Judge.

A vast preponderance of the testimony establishes that: (1) The mortgage and notes sued on were signed and delivered on Sunday. These facts were known at the time of the execution of the mortgage to the trustee named therein, who was also the agent of Hill, Fontaine & Go. (2) Laura Hite, the wife of Henry Hite, executed and acknowledged the mortgage under duress. That fact was known to the agent and trustee before mentioned. (3) Neither Henry nor Laura Hite entered into any subsequent contract ratifying the mortgage. (4) The W. Vn of the S. W. Vi section 1, and the N.…

2Cases cited8 opinions

  1. Bucher v. Cheshire RailroadSupreme Court of the United States · 1888
  2. People's Savings Bank v. BatesSupreme Court of the United States · 1887
  3. Pipkin v. WilliamsSupreme Court of Arkansas · 1893
  4. Donahue v. MillsSupreme Court of Arkansas · 1883
  5. McKinney v. DembySupreme Court of Arkansas · 1884

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