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SCHULTE v. WALTHOUR

No. 5-3582.

393 S.W.2d 242 (1965)

W. C. SCHULTE, Appellant, v. J. O. WALTHOUR, Trustee, et al. Appellees.

Supreme Court of Arkansas.

Rehearing Denied September 20, 1965.

Attorney(s) appearing for the Case

Warren & Bullion, Little Rock, for appellant.

H. B. Stubblefield, Little Rock, for appellees.

HARRIS, Chief Justice.

Melvin Holmes was the contractor in the construction of three houses on properties owned by his wife, Reba Holmes. J. D. Walthour, trustee, appellee herein,1 held four mortgages on these properties. The Holmeses were financially unable to finish with the construction, and closed down the jobs in October, 1963. Thereafter, the following events occurred:

Walthour filed suit to foreclose his mortgages on October...

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