Norris v. Norton
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court. Hon. John J. Clendenin, Circuit Judge, presiding. That the plaintiff was estopped by the recitals in the condition of the delivery bond from setting up a title to the property; citing Trimble and others vs. The State, 4 Blackf.
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Appeal from Sebastian Circuit Court. Hon. John J. Clendenin, Circuit Judge, presiding. That the plaintiff was estopped by the recitals in the condition of the delivery bond from setting up a title to the property; citing Trimble and others vs. The State, 4 Blackf. Rep. 435; Spriggs vs. The Bank of Mount Pleasant, 10 Peters 257; 14 id., 281; Mann vs. Eckford’s Exr., 15 Wend, 502; Jackson vs. Brooks, 8 id. 426; Jackson vs. Parkhurst, 9 id. ,209; Cutler vs. Dickinson, 8 Pick. 387; Welland Canal Co. vs. Hathaway, 8 Wend. 483; 5 N. Hamp. Rep. 453.
1Opinion of the CourtJustice Scott
The action was trespass de bonis asportatis, by Norton against Norris, White, Yandever, Mayers, Hanly and Wheeler. The pleas were joint, and were, 1st, the general issue; 2d, a special plea of justification, setting up that the supposed trespass was under authority-of an execution against one W. H. Norton, and said White, placed in the hands of said Norris, as sheriff, to be levied: which, accordingly, was levied upon the property in question, which, after having been regularly advertised, was duly sold, and the said Vandever, White, Hanly, Wheeler and Mayers became the purchasers thereof,…
2Cited by2 opinions
- Davis v. BowmarMississippi Supreme Court · 1878
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