Hudgins v. Morrow
Supreme Court of Arkansas
APPEAL from Jefferson Circuit Court in Chancery. Hon. John A. Williams, Circuit Judge. The findings of the court are not sustained by any evidence. The legal title was in the trustee. Perry Trusts., sec. 313; 13 Ark., 33; 11 Id., Q4; 18 Id., 83; 42 Id., 304. Deeds of trust are not affected by the death of grantor.
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APPEAL from Jefferson Circuit Court in Chancery. Hon. John A. Williams, Circuit Judge. The findings of the court are not sustained by any evidence. The legal title was in the trustee. Perry Trusts., sec. 313; 13 Ark., 33; 11 Id., Q4; 18 Id., 83; 42 Id., 304. Deeds of trust are not affected by the death of grantor. Jones on Mortgages, sec. I7g2. There is not a scintilla of proof that there was any unfairness, injustice, or inequity in the sale, so the decree was based solely on inadequacy of price, and this is not of itself sufficient to vacate a sale. 122 Massv 122; 11 Mo., 211; ig W. Va., 1;…
1Opinion of the CourtCockrill, C. J.
I. Mortgage: Redemption.
Suit was begun, by the appellees, in the Jefferson circuit court in chancery, in October, 1884, to redeem lands thát had been sold under a deed of trust with power of sale and purchased'by the appellant in March, 1880, and to cancel the deed executed by the trustee to him as purchaser. The trust deed was executed by W. T. Morrow in the spring of 1878, to secure a debt of ¿44$, due to one Meyer, evidenced by a note maturing in the winter of the same year. The note was not paid at maturity and the trustee advertised the lands for sale in accordance with the terms of the…
2Cases cited5 opinions
- Graffam v. BurgessSupreme Court of the United States · 1886
- King v. BronsonMassachusetts Supreme Judicial Court · 1877
- Klein v. GlassTexas Supreme Court · 1880
- Conners v. HollandMassachusetts Supreme Judicial Court · 1873
- Kline v. VogelMissouri Court of Appeals · 1881
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