Kenney v. Streeter
Supreme Court of Arkansas
Appeal from Crawford Chancery Court; 7. Virgil Bour-Icmdj ¡Chancellor; STATEMENT BY THE COURT. On the first day of April, 1890, appellant, D. S. Kenney and his wife, Abbie D. Kenney, executed to the Topeka Investment & Doan Company their promissory note due and payable^ five years after date to said company for'the sum of $700, together with interest thereon at the rate of eight per cent, per annum until paid, interest payable semi-annually on the first days of October and…
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Appeal from Crawford Chancery Court; 7. Virgil Bour-Icmdj ¡Chancellor; STATEMENT BY THE COURT. On the first day of April, 1890, appellant, D. S. Kenney and his wife, Abbie D. Kenney, executed to the Topeka Investment & Doan Company their promissory note due and payable^ five years after date to said company for'the sum of $700, together with interest thereon at the rate of eight per cent, per annum until paid, interest payable semi-annually on the first days of October and April each year thereafter according to the tenor of ten interest notes of twenty dollars each. This note was indorsed in…
1Opinion of the CourtWood, J.
(after stating the facts.) 1. The most material allegation of the complaint, as it affects appellant, is that he purchased with full knowledge of the deed of trust, and “that the assumption of the payment of said indebtedness by him was the real consideration for. the deed from Daniel S. and Abbie D. Kenney, and that the said S. F. Kenney in writing assumed the payment of said notes.” "The appellant’s answer does not deny this specific and well-pleaded allegation. Therefore, under the statute, and many and some recent decisions of this court, it must be taken as true and confessed. It was not…
2Cases cited3 opinions
- Haggart v. RanneySupreme Court of Arkansas · 1904
- Simon v. CalfeeSupreme Court of Arkansas · 1906
- St. Louis, Iron Mountain & Southern Railway Co. v. StateSupreme Court of Arkansas · 1908
3Cited by5 opinions
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- Rowland v. GriffinSupreme Court of Arkansas · 1929
- Bank of Mulberry v. SpragueSupreme Court of Arkansas · 1932
- Hyde Wholesale Dry Goods Co. v. EdwardsSupreme Court of Arkansas · 1973
- Leyda v. Comptroller, Circuit Court of the 11th Judicial Circuit of Florida, Miami-Dade County1962