Williams v. Bennett
Supreme Court of Arkansas
Appeal from Arkansas Chancery Court. John M. Elliott, Judge. The affidavit not having been filed as required by law, the attachment was improperly issued. 40 Ark. 124; Waples, Att. 76; 70 Ark. 409. The sale made under it was never confirmed, and was void. 52 Ark. 446. In actions against a non-resident, the statute must be strictly construed. 40 Ark. 124; 11 Ark. 120; 65 Ark. 90; 50 Ark. 439; 55 Ark. 135; 155 U. S. 313. It must affirmatively appear that an affidavit of the…
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Appeal from Arkansas Chancery Court. John M. Elliott, Judge. The affidavit not having been filed as required by law, the attachment was improperly issued. 40 Ark. 124; Waples, Att. 76; 70 Ark. 409. The sale made under it was never confirmed, and was void. 52 Ark. 446. In actions against a non-resident, the statute must be strictly construed. 40 Ark. 124; 11 Ark. 120; 65 Ark. 90; 50 Ark. 439; 55 Ark. 135; 155 U. S. 313. It must affirmatively appear that an affidavit of the non-residence of defendant was filed. 25 Ark. 60; 70 Ark. 409 ; 8 Fed. 656; 37 Fed. 37; 57 Fed. 970; 17. Utah, 257; 58…
1Opinion of the CourtHiuu, C. J.
This suit was brought in the chancery court of Arkansas County by the administrator and heirs at law of Ferdinand M. Goodrich, who died in 1878, to set aside a. deed executed by the sheriff of Arkansas County to Amazon Dixon, and deeds from Amazon Dixon’s heirs, under whom the appellees claim, as clouds on their title, and that they be permitted to redeem from tax liens, and have their title quieted. Goodrich, to whom both parties look as the source of their respective titles, was the owner of the land in controversy, lived in Louisiana, and a judgment was obtained against him in a court of…
2Cases cited3 opinions
- Wetzel v. Minnesota Railway Transfer Co.Supreme Court of the United States · 1898
- Lawrence v. ZimplemanSupreme Court of Arkansas · 1881
- Jackson v. BoydSupreme Court of Arkansas · 1905
3Cited by15 opinions
- Dexter & Carpenter, Inc. v. HoustonCourt of Appeals for the Fourth Circuit · 1927
- Turner v. BurkeSupreme Court of Arkansas · 1906
- Chancellor v. BanksSupreme Court of Arkansas · 1909
- Grimes v. CarrollSupreme Court of Arkansas · 1950
- Board of Levee Inspectors v. Southwestern Land & Timber Co.Supreme Court of Arkansas · 1914
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