Peters v. Townsend
Supreme Court of Arkansas
Appeal from Garland Chancery Court; Alphonso Curl, Chancellor; 1. The judgment of the circuit court against Augustus Peters in favor of appellee was void for want of jurisdiction, he being at the time, and before the institution of the suit, insane, and having no guardian to represent him in the action. 1 Black on Judgments, § 205; 1 Freeman on Execution, § 152; art. 7, § 34, Const. 1874; Acts 1873, p. 120, § 4; art. 6, § 10, Const. 1836; Id. § 3; English’s Dig., chap. 48, §…
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Appeal from Garland Chancery Court; Alphonso Curl, Chancellor; 1. The judgment of the circuit court against Augustus Peters in favor of appellee was void for want of jurisdiction, he being at the time, and before the institution of the suit, insane, and having no guardian to represent him in the action. 1 Black on Judgments, § 205; 1 Freeman on Execution, § 152; art. 7, § 34, Const. 1874; Acts 1873, p. 120, § 4; art. 6, § 10, Const. 1836; Id. § 3; English’s Dig., chap. 48, § 5; Rev. Stat., chap. 43, § 6; 77 Ark. 355; 49 Ark. 51; 50 Ark. 34; 34 Ark. 71; 33 Ark. 575; Id. 728; 53 Ark. 45; 48…
1Opinion of the CourtMcCurroch, C. J.
This is an action instituted in the chancery court of Garland County by Augustus Peters, an insane person, suing by his guardian, to set aside a judgment rendered against him for debt in favor of Mary E. Townsend, and also to set aside a sale of real estate under execution issued pursuant to said judgment. This action is against the judgment creditor and the purchasers at the execution -sale. The chancellor sustained a demurrer to the complaint, and the plaintiff appealed.
The facts with reference to the action and judgment in the Garland Circuit Court are set forth in the complaint in the…
2Cases cited15 opinions
- Bensieck v. CookSupreme Court of Missouri · 1892
- Sanford v. . SanfordNew York Court of Appeals · 1875
- Newcomb's Executors v. NewcombCourt of Appeals of Kentucky · 1877
- Stigers v. BrentCourt of Appeals of Maryland · 1879
- Abbott Ex Rel. Abbott v. HancockSupreme Court of North Carolina · 1898
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3Cited by15 opinions
- McDonald v. Fort Smith & Western RailroadSupreme Court of Arkansas · 1912
- Missouri State Life Insurance v. HoltSupreme Court of Arkansas · 1932
- Garver v. UtyesonichSupreme Court of Arkansas · 1962
- Patton v. TaylorSupreme Court of Arkansas · 1920
- Scott v. StephensonSupreme Court of Arkansas · 1925
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