Johnson v. Campbell
Supreme Court of Arkansas
APPEAL from Franklin Circuit Court. G. S. Cunningham, Judge. Campbell brought this suit against Johnson to recover the ¡amount of certain promissory notes executed by the latter for -the purchase money of a tract of land, and to enforce his lien on the land. At the return term a judgment by default was taken against Johnson for the amount of the debt and for the .-sale of the land.
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APPEAL from Franklin Circuit Court. G. S. Cunningham, Judge. Campbell brought this suit against Johnson to recover the ¡amount of certain promissory notes executed by the latter for -the purchase money of a tract of land, and to enforce his lien on the land. At the return term a judgment by default was taken against Johnson for the amount of the debt and for the .-sale of the land. At the next term of the court, the commissioner appointed to execute the order of sale, made his report, .and the defendant filed exceptions thereto, alleging that the sale was not made upon a credit of four…
1Per curiam
Vacating judgments. The court, after the lapse of the term, had no power to vacate .the judgment except upon complaint filed in accordance with the provisions of section 3909 of Mansfield’s Digest.
There was no error in rejecting the petition to vacate the judgment when presented by way of objection to the confirmation of the report of sale.
Judicial sales. There appears to have been due and legal notice of the time, terms and place of sale. It was made upon a credit of three months, however, instead of four, as the decree directed. The defendant showed no injury resulting from the departure…
2Cited by16 opinions
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- McLain v. DuncanSupreme Court of Arkansas · 1892
- Feild v. WatersSupreme Court of Arkansas · 1921
- Culver Lumber & Manufacturing Co. v. CulverSupreme Court of Arkansas · 1906
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