American Freehold Land Mortgage Co. v. McManus

• Decision Date: 09 June 1900
• Citation: 58 S.W. 250
• Parties: AMERICAN FREEHOLD LAND MORTGAGE CO. OF LONDON, Limited, et al. v. McMANUS.
• Court: Arkansas Supreme Court

Page 250

58 S.W. 250

AMERICAN FREEHOLD LAND MORTGAGE CO. OF LONDON, Limited, et al. v. McMANUS.

Supreme Court of Arkansas.

June 9, 1900.

Appeal from circuit court, Monroe county, in chancery; James I. Thomas, Judge.

Suit by Mary E. McManus against the American Freehold Land Mortgage Company of London, Limited, and another. From a default decree in favor of plaintiff, defendants appeal. Reversed.

This is an appeal from the chancery side of the Monroe circuit court. The appellee, Mary E. McManus, alleges in her complaint that she is the owner and in possession of the N. E. ¼ of section 23, township 1 S., range 2 W., situated in Monroe county, Ark., and containing 160 acres; that she bought the above-described land from Thomas L. Matthews and wife, Laura M. Matthews, January 1, 1891, and paid therefor a valuable consideration; that she went into immediate possession of said land, and has held peaceable and uninterrupted possession since January 1, 1891. She further alleges that on the 20th day of September, 1883, the said Matthews and wife by a deed of trust conveyed said land to the defendants to secure the payment of certain promissory notes and coupon interest notes, which notes were all due and payable on the 15th day of September, 1888; that more than five years had elapsed since the maturity of said notes and deed of trust; and that no suit had been brought by the defendants to foreclose the same, nor had any payment been made to prevent the statute of limitations from barring the defendants' claim. She further alleges that said trust deed is barred by the statute of limitations, and that said deed of trust is a cloud upon plaintiff's title. A copy of said trust deed was filed as Exhibit A, and made a part of the complaint. The plaintiff's prayer was that said trust deed be canceled as a cloud upon her title. The trust deed shows that the notes secured by the trust deed were payable to the American Freehold Land Mortgage Company of London, Limited, and that the defendant J. K. O. Sherwood was the trustee. On the 22d day of October, 1897, summons issued for both of the defendants, directed to the sheriff of Pulaski county; and on the 23d day of October, 1897, it was returned duly served upon "the within named, the American Freehold Land Mortgage Company, by handing a copy of the same to John M. Rose, the authorized agent, upon whom service is to be had in said county as commanded." At the November term, 1897, a decree by default was entered in...