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75 Ark. 59

Crebbin v. Deloney

Supreme Court of Arkansas

Decided April 8, 1905

Supreme Court of Arkansas · decided 1905-04-08

Cross appeals from Howard Chancery Court. James D. Shaver, Chancellor. STATEMENT BY THE COURT. On June 19, 1899, appellant brought a suit in the Howard Chancery Court to enforce a mortgage lien upon certain lands, and on January 29, 1900, he brought suit in the circuit court in ejectment for the possession of the land, to the end that the rents and profits might be applied to the payment of the mortgage debt sued on in the chancery court.

Cited by 1 later decisions — most recently March 1915

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1905-04-08

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Wood, J.

¶1The appellant contends that the court erred in deducting the sum of $825, the amount collected as rents, from the amount found due on the mortgage debt. There was but one debt, one cause of action. The remedies at law and in chancery were but concurrent for the recovery and satisfaction of a single demand. The causes were by consent submitted and heard together, and the directions of this court to the chancery court to foreclose the mortgage in accordance with the opinion authorized the chancery court to ascertain the amount that was then due on the mortgage debt, less the amount that' had been collected as rents since appellant ’had obtained possession of the premises, and to decree accordingly. This decree of foreclosure in the chancery court was an end of the entire litigation. The object of the ejectment suit was to get possession of the rents and profits of the land mortgaged, to the end that these might be appropriated to the payment of whatever might be found due on the mortgage debt. The court very properly so applied them. The appellant mistakes when he says that this court affirmed a judgment at law for $2,578.26. This court, while passing upon both cases, only affirmed that part of the decree which was for the principal of the debt, eliminating the interest, The principal, it appears, was $1,997.80; all over that being interest. The court below did not err therefore in treating the $1,997.80 as the principal of the debt due, and in deducting therefrom the sum of $825, the amount which appellant had received as rents.

¶2The decree is affirmed.

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