Jones v. Felker
Supreme Court of Arkansas
Appeal from Benton Circuit Court in Chancery. John N. Tieeman, Judge. An equitable subrogation cannot arise where, in order to establish it, resort must be had to a usurious contract. 53 Ark. 271. One who has an interest in a security may advance what is fairly necessary to its preservation. 39 Ark. 296; 56 Ark. 312. In the absence of an agreement, the tenant being blameless, no duty devolves upon him to repair. 46 Md. 79; 94 U. S. 53; 12 Ad. & E. 476; 1 Daly (N. Y), 178;…
Read the full summary
Appeal from Benton Circuit Court in Chancery. John N. Tieeman, Judge. An equitable subrogation cannot arise where, in order to establish it, resort must be had to a usurious contract. 53 Ark. 271. One who has an interest in a security may advance what is fairly necessary to its preservation. 39 Ark. 296; 56 Ark. 312. In the absence of an agreement, the tenant being blameless, no duty devolves upon him to repair. 46 Md. 79; 94 U. S. 53; 12 Ad. & E. 476; 1 Daly (N. Y), 178; 100 111. 214. Usury will not be inferred if the opposite conclusion can be reached. 57 Ark. 394; 68 Ark. 162. In the…
1Opinion of the CourtBattle, J.
W. R. Felker brought suit in the Benton circuit court against J. N. Jones and E. A. Jones to foreclose two chattel mortgages. He alleged in his complaint that the defendants, on the 29th day of September, 1894, executed to him their promissory note for $105.81, and 10 per cent, per annum interest thereon from date until paid, and dated it the day of its execution, and mortgaged certain personal property to secure its payment; that three payments had been made thereon, amounting in the aggregate to $62, the last one being on the 31st of December, 1897, which was within five years next before…
2Cases cited2 opinions
- Haizlip v. RosenbergSupreme Court of Arkansas · 1897
- Gocio v. DaySupreme Court of Arkansas · 1888
3Cited by3 opinions
- Adkinson v. KilgoreCourt of Appeals of Arkansas · 1998
- Delaney v. JacksonSupreme Court of Arkansas · 1910
- Rundell v. RogersSupreme Court of Arkansas · 1920