Beasley v. Bratcher
Supreme Court of Arkansas
Appeal from Polk Chancery Court; James D. Shaver, Chancellor.;' 1. There was in effect no judgment. The actual judgment rendered, if it can be termed a judgment, was for $2.50 and $1.00, and nothing else. It is, therefore, meaningless and void. 2. The judgment failed to provide, as required by the statute, Kirby’s Dig., § 5700, 'that the owner should be allowed ten days in which to pay the judgment, before the commissioner should proceed to sell.
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Appeal from Polk Chancery Court; James D. Shaver, Chancellor.;' 1. There was in effect no judgment. The actual judgment rendered, if it can be termed a judgment, was for $2.50 and $1.00, and nothing else. It is, therefore, meaningless and void. 2. The judgment failed to provide, as required by the statute, Kirby’s Dig., § 5700, 'that the owner should be allowed ten days in which to pay the judgment, before the commissioner should proceed to sell. The decree was, therefore, in excess of the court’s jurisdiction and void. The right to order the sale rested upon the statute. The jurisdiction was…
1Opinion of the CourtWood, J.
This was a suit in the chancery court of Polk County by the appellant against the appellee to remove a cloud on the title to certain lots in the city of Mena. The complaint, omitting details, set up that the appellee claimed title to the property by virtue of a deed executed by the commissioner of the chancery court pursuant to the orders of that court, condemning the lots to be sold for alleged delinquent assessments due to an improvement district in the city of Mena. Among other things, the complaint alleged that no sum certain was found to be due against the property, for which the same…
2Cases cited2 opinions
- Osceola Land Co. v. Chicago Mill & Lumber Co.Supreme Court of Arkansas · 1907
- Sawyer v. WilsonSupreme Court of Arkansas · 1907
3Cited by3 opinions
- Cutsinger v. StrangSupreme Court of Arkansas · 1942
- London v. MontgomerySupreme Court of Arkansas · 1947
- Shultz v. CarrollSupreme Court of Arkansas · 1923