Turman v. Forrester
Supreme Court of Arkansas
APPEAL from Scott Circuit Court in chancery. John S. Little, Judge, On August 11, 1884, W. B. Turman conveyed to J. C. Gilbreath, by deed and bill of sale, all of his real and personal property. On September 10 following he executed to. Gilbreath his promissory npte for $9265 due four years from date, and took from him a bond for title or defeasance, conditioned for the re-conveyance of the land upon payment of the notes.
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APPEAL from Scott Circuit Court in chancery. John S. Little, Judge, On August 11, 1884, W. B. Turman conveyed to J. C. Gilbreath, by deed and bill of sale, all of his real and personal property. On September 10 following he executed to. Gilbreath his promissory npte for $9265 due four years from date, and took from him a bond for title or defeasance, conditioned for the re-conveyance of the land upon payment of the notes. In 1885 Gilbreath executed a mortgage of the land to the National Bank of Western Arkansas, which was foreclosed in 1887, anda portion of the lands, sufficient to pay the…
1Opinion of the CourtHemingway, J.
Turman contends that the court erred in its finding that his note referred to in the bond for title fixed the amount of his mortgage debt, and that it erred further in applying as a credit upon said note a sum on account of that part of the mortgaged property subsequently mortgaged by Gilbreath to the bank; while Gilbreath’s administrator contends that the court erred in crediting upon said debt the sum for which a mill site and mill, being a part of the mortgaged property, was sold, the same being unpaid and the purchaser being insolvent. Both parties have appealed, and the court’s action…
2Cases cited2 opinions
- Moses v. HatfieldSupreme Court of South Carolina · 1887
- Vogan v. CaminettiCalifornia Supreme Court · 1884
3Cited by3 opinions
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