Cohn v. Hoffman
Supreme Court of Arkansas
APPEAL from Jackson Circuit Court. Hon. R. H. Powell, Circúit Judge. The demurrer admitted all the allegations of the paragraphs of the answer demurred to, and by going to trial the defendant did not waive his exceptions. Collins v. Karatopsky, 36 Ark., 317., The court evidently proceeded from the supposition that upon the purchase by Cohn of the equity of redemption, his mortgages became merged in the fee. This was erroneous.
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APPEAL from Jackson Circuit Court. Hon. R. H. Powell, Circúit Judge. The demurrer admitted all the allegations of the paragraphs of the answer demurred to, and by going to trial the defendant did not waive his exceptions. Collins v. Karatopsky, 36 Ark., 317., The court evidently proceeded from the supposition that upon the purchase by Cohn of the equity of redemption, his mortgages became merged in the fee. This was erroneous. In order to preserve the lien of the mortgages against the lien of the subsequent judgment held by the plaintiff, it was necessary that the merger should not take place…
1Opinion of the CourtSmith, J.
The premises involved in this ejectment comprise three parcels of land: Lot 1 in S. W. 1-4, Sec. 30; Lot 1 in N. W. 1-4, Sec. 31; and N. 1-2 Lot 2 in N. W. 1-4, Sec. 31, all in Township 11 North, Range 2 West.
The complaint alleged that on September 20, 1873, one Bray was indebted to one Stayton. That the debt remaining unpaid, Bray, on March 27, 1875, executed to Stayton a note for $271. That Stayton afterwards assigned the note to Hoffman, who brought suit on it and, on September 11, 1878, recovered judgment, in the Jackson circuit court, for $364. That on September 6, 1881, a scire facias…
2Cases cited6 opinions
- Green v. BiddleSupreme Court of the United States · 1823
- Edwards v. KearzeySupreme Court of the United States · 1878
- Bronson v. KinzieSupreme Court of the United States · 1843
- Overholser v. ClarkTennessee Supreme Court · 1850
- Dexter v. HarrisU.S. Circuit Court for the District of Rhode Island · 1822
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- St. Louis Southwestern Railway Co. v. PenningtonSupreme Court of Arkansas · 1977
- Coryell v. KlehmIllinois Supreme Court · 1895
- Turner v. SmithSupreme Court of Arkansas · 1950
- Baker v. LeighSupreme Court of Arkansas · 1965
- Neff v. ElderSupreme Court of Arkansas · 1907
7 more not listed; retrieve them via the Exa API.