Legal Opinion

Anthony v. Humphries

Supreme Court of Arkansas

Decided July 15, 1848PublishedCited by 1 opinion

Wril of Error to Pulaski Circuit Court. Scire facias to revive and continue the lien of a judgment recovered by Joel Johnson, for the use of Ashley & Watkins, against James C. Anthony, and afterwards revived in the name of John Humphries as administrator of Johnson; determined in the Pulaski circuit court, in June, 1846, before E. H. English, as special judge. The facts are stated in the opinion of this court.

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Wril of Error to Pulaski Circuit Court. Scire facias to revive and continue the lien of a judgment recovered by Joel Johnson, for the use of Ashley & Watkins, against James C. Anthony, and afterwards revived in the name of John Humphries as administrator of Johnson; determined in the Pulaski circuit court, in June, 1846, before E. H. English, as special judge. The facts are stated in the opinion of this court. The first plea filed by the defendant below, to which a demurrer was sustained, presents distinctly tbe question, whether a judgment and execution creditor, who has caused lands of the…

1Opinion of the CourtScott, J.

This was a proceeding to revive a judgment and continue its lien on land. The defendant in error sued out process of sci. fa. against the plaintiff in error, returnable into the Pulaski circuit court, at the October term, 1845, which was returned by the sheriff of that county as executed, not only upon the plaintiff in error, but also upon John Brown and David Skelton, his terretenants. During the return term, the plaintiff in error filed his motion “ to set aside the sheriff’s return on the sci. fa.J which motion was pending and undetermined when the defendants in error moved to amend the…

2Cited by1 opinion

  1. Johnson v. DooleySupreme Court of Arkansas · 1898

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