Pendergrass v. Lane-Allen
| Decision Date | 20 November 1911 |
| Citation | 141 S.W. 507 |
| Parties | PENDERGRASS v. LANE-ALLEN. |
| Court | Arkansas Supreme Court |
Appeal from Carroll Chancery Court; T. H. Humphreys, Chancellor.
Action by Ida V. Lane-Allen against Fred Boles, C. W. Pendergrass, and another to foreclose a mortgage. Decree for plaintiff, and defendant Pendergrass appeals. Affirmed.
On the 15th day of October, 1903, Laura and Fred Boles executed to Peter Lane their promissory note for the sum of $850, due one year from date, and also executed a mortgage on certain town lots in the city of Eureka Springs to secure same. Peter Lane died in April, 1906, and by his last will and testament his widow, Ida V. Lane, became the owner of said mortgage. On the 19th day of June, 1909, she filed a bill in the chancery court against Laura and Fred Boles to foreclose the mortgage. Subsequently she learned that they had conveyed the property to C. W. Pendergrass, and he was made a party defendant to the suit. The will of Peter Lane was exhibited for probate to the clerk in vacation, and the clerk received the probate thereof in common form. Ida V. Lane was the sole legatee under the will, and was appointed the executrix thereof. At the July term, 1906, of the probate court, the action of the clerk in admitting the will to probate was duly confirmed by the court. The subsequent records of the court in regard to the administration of the estate were introduced in evidence. These records contain nothing except orders for continuances until the April term, 1908. At this term a citation was issued to the executrix to show cause why she had not reported. At the July term, 1908, the record shows that the matter was continued until the next term of the court. Ida V. Lane testifies that her husband owed no debts when he died, and that the probate court discharged her as executrix of the last will and testament of Peter Lane deceased. E. M. Bare, deputy county and probate clerk, testified that Ida V. Lane received her discharge from the probate court, but the order was never entered of record. He also testified that there is no other entry of record after that of July 31, 1908, and that for the last two years the records of the probate court do not show that any proceedings were had in reference to said estate. The chancellor rendered a decree foreclosing the mortgage, and the defendant Pendergrass alone has appealed.
Walker & Walker, for appellant. Charles D. James, for appellee.
HART, J. (after stating the facts as above)...
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