Ward Hunt, Batesville Institute v. Kauffman…
“ We perceive no occasion to find fault with the principles on which the sum of $14,410 was fixed by the master as the amount due the complainants, or with the rate of interest given by the court below. ”
Ward Hunt, Batesville Institute v. Kauffman…
“ We perceive no occasion to find fault with the principles on which the sum of $14,410 was fixed by the master as the amount due the complainants, or with the rate of interest given by the court below. ”
Ward Hunt, Batesville Institute v. Kauffman…
“ Again, no principle is better settled than this, that the assignment of a debt carries with it an assignment of a judgment or mortgage by which it is secured. If a part only of the debt is assigned, a pro tanto portion of the security follows it. [2] The third and fourth points of the demurrer rest upon the objection that Gibbs, the trustee, being dead, and no successor having been appointed, the trust cannot be enforced.That the court have power to appoint a new trustee, and to compel the performance of the trust by him, is quite certain. ”
Ward Hunt, Batesville Institute v. Kauffman…
“ The bill alleges, 'that during the existence of the recent rebellion it was impossible, by reason of the resistance to the laws of the United States, to have said mechanics' lien forclosed, all judicial proceedings in the courts of the United States being interrupted and suspended during a period of several years within the State of Arkansas.' The judgment was recovered in March, 1861. ”