Legal Opinion

Sessions v. Peay

Supreme Court of Arkansas

Decided January 15, 1861PublishedCited by 5 opinions

Appeal from Pulaski Gha/neery Oourt. Hon. Hulbebt F. Faibchild, Chancellor. The error to which we ask attention, and confidently rely on to reverse the decree,- is, that the sale was directed to be made, not at the court-house door of the county of Chicot, where, the land is situate, but at the court-house door of Pulaski county. This was wholly unwarranted by law. See see. 56, chap. 68, Gould's Dig., page 509, title Execution ; sec. 15, ■ chap. 117, p. 801, title Mortgages.

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Appeal from Pulaski Gha/neery Oourt. Hon. Hulbebt F. Faibchild, Chancellor. The error to which we ask attention, and confidently rely on to reverse the decree,- is, that the sale was directed to be made, not at the court-house door of the county of Chicot, where, the land is situate, but at the court-house door of Pulaski county. This was wholly unwarranted by law. See see. 56, chap. 68, Gould's Dig., page 509, title Execution ; sec. 15, ■ chap. 117, p. 801, title Mortgages. These are the only sections of law of which we have any knowledge, relative to judicial sales, at least as far as…

1Opinion of the CourtChief Justice English

This was a bill to foreclose a mortgage executed by Sessions to the Receiver of the assets of the Real Estate Bank.

The questions growing out of the attempt of Sessions to discharge the debt secured by the mortgage, in the bonds, etc., of the State, were decided in the case of Sessions et al. vs. Peay, Rec’r. 21 Ark. 100.

The lands embraced in the mortgage are in Chicot county. The chancellor decreed that if the debt should not be paid by a day named in the decree, the lands should be sold for its satisfaction, at the court-house of Pulaski county, by a commissioner appointed for that purpose.

It…

2Cases cited2 opinions

  1. Penn's ad. v. TollesonSupreme Court of Arkansas · 1859
  2. Sessions v. PeaySupreme Court of Arkansas · 1860

3Cited by5 opinions

  1. Miller v. HenrySupreme Court of Arkansas · 1912
  2. Summars v. WilsonSupreme Court of Arkansas · 1943
  3. Smith v. SpillmanSupreme Court of Arkansas · 1918
  4. Farnsworth v. HooverSupreme Court of Arkansas · 1899
  5. Wilson v. FoukeSupreme Court of Arkansas · 1934

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