53 Ark. 509 | Ark. | 1890
Allen Tennison and his wife, Nancy, conveyed a tract of land that belonged to Mrs. Tennison to Angia Crawford, a married woman, who, with her husband, L. D. Crawford, mortgaged part of the same land to Tennison and his wife to secure a balance of one hundred and seventy-five dollars of the purchase money. About the first of April, 1886, Tennison and his wife assigned the mortgage to J. C. Wagley, the appellee, who brought suit to foreclose the same. After the assignment of the mortgage to appellee, appellant Watters bought the land mortgaged from Angia Crawford, and, on the 13th of November, 1886, before the mortgage was recorded, took a deed from Tennison and wife for the land, but took no deed from Angia Crawford, who only surrendered up to Tennison and wife their deed to her for the land. A decree of foreclosure was rendered in favor of appellee, from which appellant has appealed.
There was no cross-bill by Watters, and the question, whether Watters might have had a lien declared in his favor against Mrs. Crawford for the purchase money he paid her, is not raised in the case.
The decree of the court below is affirmed.