Auten v. City Electric St. Ry. Co.
U.S. Circuit Court for the District of Eastern Arkansas
In Equity. , Suit by the receiver of a bank to foreclose deeds alleged to have been given as mortgages. H. F. Auten, receiver of the Hirst National Bank of Little Rock, Ark., filed two bills to foreclose deeds alleged to be mortgages executed to Nick Ivupferle for the benefit of the bank.
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In Equity. , Suit by the receiver of a bank to foreclose deeds alleged to have been given as mortgages. H. F. Auten, receiver of the Hirst National Bank of Little Rock, Ark., filed two bills to foreclose deeds alleged to be mortgages executed to Nick Ivupferle for the benefit of the bank. The Atlantic Trust Company intervened, and also filed cross bills, claiming a prior lien on the realty in controversy by virtue of a general mortgage executed to it by the street-railway company to secure an issue of $300,000 of bonds. By consent, the two cases were consolidated, and at the hearing it was…
1Opinion of the CourtTrleber, District Judge
(after slating the facts). Without determining whether the statute of frauds can be considered on final hearing, if not pleaded, wldch is very doubtful (see Wood, St. Frauds, § 537), the claim that the failure of the deeds to Kupferle to show for whom he was trustee, or the object of the trust, vitiates the deeds for failure to comply witli the statute of frauds, cannot be sustained.
Tlie Arkansas statute of frauds, following that of England, provides :
"AH declarations or creations of trust or confidences of any lands or tenements shall be manifested or proven by some writing signed by the…
2Cases cited12 opinions
- Scott v. ArmstrongSupreme Court of the United States · 1892
- Tilden v. . GreenNew York Court of Appeals · 1891
- Peugh v. DavisSupreme Court of the United States · 1878
- Fourth Street Bank of Philadelphia v. YardleySupreme Court of the United States · 1897
- Grafton v. CummingsSupreme Court of the United States · 1879
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- In Re. American Slicing Machine Co.Supreme Court of South Carolina · 1923
- Williams v. GreenCourt of Appeals for the Fourth Circuit · 1928
- Arkansas Cypress Shingle Co. v. Meto Valley Railway Co.Supreme Court of Arkansas · 1911
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