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102 Ark. 649

Taylor v. Shell

Supreme Court of Arkansas

Decided March 18, 1912

Supreme Court of Arkansas · decided 1912-03-18

Henderson, Chancellor; STATEMENT BY THE COURT. George J. Shell and wife executed a deed of trust on certain lands in Grant County, Arkansas, to secure a certain promissory note. Shell and his wife died. The note became due, was not paid, and the payee and beneficiary, appellant herein, foreclosed the deed of trust.

affirmed · Decided 1912-03-18

Wood, J.,

¶1(after stating the facts). In the absence of a showing to the contrary, it will be presumed that the decree of the court was' correct.

¶2There is nothing in the record as abstracted by appellant to show that the grantors in the deed of trust waived their right to redeem under section 5420, Kirby’s Digest. Assuming that such right had not been waived, the decree of the court is correct. For, in the absence of such showing, the decree should be treated as granting to appellee redemption from the sale. The decree giving him such right was entered before the sale was confirmed.

¶3It matters not in what form the application of appellee for redemption was couched, unless the grantors in the deed of trust had waived their right of redemption, appellee 'would be entitled to it, and the decree of the court granting such rights will not be reversed because of informalities in the petition of the applicant.

¶4The decree of the court, for aught that appears to the contrary in the record, was tantamount to allowing appellee the right to redeem, and, so treated, it is correct, and it is unnecessary for us to consider the question of whether or not the sale should have been confirmed to appellant as urged in her brief.

¶5The judgment is affirmed.

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