Fuller v. Hawkins
Decision Date | 23 February 1895 |
Citation | 30 S.W. 34,60 Ark. 304 |
Parties | FULLER v. HAWKINS |
Court | Arkansas Supreme Court |
Appeal from Scott Circuit Court in Chancery, EDGAR E. BRYANT, Judge.
STATEMENT BY THE COURT.
L. P Fuller brought suit in equity against A.D. Hawkins and his wife, Fannie A. Hawkins, in the Scott circuit court. His complaint is as follows: Prayer for reformation of mortgage so as to include the said sum of $ 170.98, and for foreclosure and for general relief.
To this complaint the defendant interposed a general demurrer. The court sustained the demurrer, and dismissed the complaint, from which order of the court an appeal was taken.
Judgment reversed and cause remanded.
Daniel Hon for appellant.
1. Defendant was liable for the $ 170.98 omitted from the note and mortgage by mistake. 52 Ark. 458.
2. Defendant being liable, the mortgage should have been reformed. 33 Ark....
To continue reading
Request your trial-
Willingham v. Jordan
... ... Carnall v. Wilson, 14 Ark. 482; ... Rector v. Collins, 46 Ark. 167; ... McGuigan v. Gaines, 71 Ark. 614, 77 S.W ... 52; Fuller v. Hawkins, 60 Ark. 304, 30 S.W ... 34; Goerke v. Rodgers, ante, p ... The ... evidence of Jerry and Alex. is put against that ... ...
- Martin v. Hempstead County Levee District No. 1
-
Dennis v. Dennis
...was upon appellant to show that the mistake was mutual, which resulted in the deed conveying to them an estate by entirety. 134 Ark. 152; 60 Ark. 304; 71 Ark. 614. Such evidence must clear, unequivocal and decisive. 75 Ark. 72; 79 Ark. 592; 81 Ark. 166. Appellant is estopped to deny appelle......
-
Casten v. Kreipe
...Equity Jurisprudence, 4th ed., § 871, p. 1790.) Some of the cases in which negotiable instruments have been reformed are: Fuller v. Hawkins, 60 Ark. 304, 30 S.W. 34; Hathaway v. Brady, 23 Cal. 121; Loudermilk Loudermilk, 98 Ga. 780, 25 S.E. 927; Fisher v. Barnett, 56 Ill.App. 649; Lee & Jam......