McHENRY v. LITTLETON

No. 5-3109.

374 S.W.2d 171 (1964)

Harvey W. McHENRY, Appellant, v. Henry C. LITTLETON et ux., Appellees.

Supreme Court of Arkansas.

January 13, 1964.


Attorney(s) appearing for the Case

G. E. Snuggs, El Dorado, for appellant.

Spencer & Spencer, El Dorado, for appellees.


GEORGE ROSE SMITH, Justice.

This is a suit by the appellant to foreclose a mortgage upon forty acres owned by the appellees, husband and wife. The mortgage was executed in 1948 to secure a $300 note, plus future advances. There were a number of such advances and a number of payments upon the debt between the date of the mortgage and the filing of this suit in 1961. There were, however, no payments whatever during a period of more than five years, from October 22,...

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