Morgan v. Kendrick
Supreme Court of Arkansas
Appeal from Cleveland Chancery Court; John M. Blliott, Judge; 1. There was no way to revive the lien of the mortgage as to third parties, except by compliance with Kirby’s Digest, § 5399. This was not done. 2. There is no evidence to show fraud. 1. The judgment of the circuit court is res judicata, as to the Morgans, on the question of the payments on the note and the statute of limitations. 76 Ark. 423; 57 Id. 500; 46 Id. 272; 55 Id. 536; 83 Id. 545; 74 Id. 320; 2 Black on…
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Appeal from Cleveland Chancery Court; John M. Blliott, Judge; 1. There was no way to revive the lien of the mortgage as to third parties, except by compliance with Kirby’s Digest, § 5399. This was not done. 2. There is no evidence to show fraud. 1. The judgment of the circuit court is res judicata, as to the Morgans, on the question of the payments on the note and the statute of limitations. 76 Ark. 423; 57 Id. 500; 46 Id. 272; 55 Id. 536; 83 Id. 545; 74 Id. 320; 2 Black on Judgments, § 504; 1 Herman on Est. & Res Judicata, § § 107-8. It binds all privies. 2 Black on Judgments, § 504; 75…
1Opinion of the CourtErauEnthal, J.
The plaintiff below, J. J. T. Kendrick, instituted this suit on October 1, 1907, in the Cleveland Chancery Court for the purpose of confirming a sale of real estate made under and by virtue of a power of sale contained in a mortgage executed to him by W. J. Morgan, one of the defendants; and also to cancel a deed executed by said mortgagor to his two sons, George and Frank Morgan, the other defendants herein. On January 24, 1896, W. J. Morgan for a valuable consideration executed to the plaintiff his note for $563.95 due January 1, 1897, and bearing ten per cent, interest per annum from date…
2Cases cited17 opinions
- Wilks v. VaughanSupreme Court of Arkansas · 1904
- Leonhard v. FloodSupreme Court of Arkansas · 1900
- Daniel v. GarnerSupreme Court of Arkansas · 1903
- Jacoway v. GaultSupreme Court of Arkansas · 1859
- Dodd v. ParkerSupreme Court of Arkansas · 1883
12 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- Shuffield v. RaneySupreme Court of Arkansas · 1956
- Armstrong v. ArmstrongSupreme Court of Arkansas · 1930
- Taylor v. KingSupreme Court of Arkansas · 1918
- Merchants' & Planters' Bank v. Citizens' BankSupreme Court of Arkansas · 1927
- McKim v. McLineySupreme Court of Arkansas · 1971
30 more not listed; retrieve them via the Exa API.