Mooney v. Tyler
Supreme Court of Arkansas
Appeal from Garland Chancery Court. Leland Leatherman, Chancellor. STATEMENT BY THE COTRT This suit was brought to foreclose a mortgage for $500 on lot 6, block 1, and lot 1, block 9, in the city of Hot Springs. A note was given by appellants for the $500, in which it was stipulated that, if default was made in payment of interest or insurance upon the property, the principal and interest should at once become due and payable.
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Appeal from Garland Chancery Court. Leland Leatherman, Chancellor. STATEMENT BY THE COTRT This suit was brought to foreclose a mortgage for $500 on lot 6, block 1, and lot 1, block 9, in the city of Hot Springs. A note was given by appellants for the $500, in which it was stipulated that, if default was made in payment of interest or insurance upon the property, the principal and interest should at once become due and payable. The appellants defaulted in the payment of the insurance in $8.40 for 1895, and $8.40 for 1896, whereupon appellee brought this suit to foreclose. Appellants answered…
1Opinion of the Court
Hughes, J.,
(after stating the facts.) We find no reversible error in the decree of the court. The debt became due. and payable upon default in payment of the insurance. There was evidence tending to show that lot 1, block 9, was not incorporated in the deed of trust by mistake or fraud; at least, it is not clear that the chancellor was not right as to this. Unle.ss Hie findings of the chancellor was against the clear preponderance of the evidence, we should not reverse. Gaty v. Holcomb, 44 Ark. 216.
There was no issue as to usury in the ease. Under the circumstances of this case, it seems to…
2Cases cited6 opinions
- Mandel v. Peet, Simms & Co.Supreme Court of Arkansas · 1856
- Ford v. WardSupreme Court of Arkansas · 1870
- Gaty v. HolcombSupreme Court of Arkansas · 1884
- Campbell v. GarvenSupreme Court of Arkansas · 1844
- Mohr v. ShermanSupreme Court of Arkansas · 1867
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Leach v. SmithSupreme Court of Arkansas · 1917
- Stolz v. FranklinSupreme Court of Arkansas · 1975
- Griffin v. JonesSupreme Court of Oklahoma · 1914
- Hinkle v. BroadwaterSupreme Court of Arkansas · 1905
- Austin v. Dermott Canning Co.Supreme Court of Arkansas · 1931
8 more not listed; retrieve them via the Exa API.