Legal Opinion

Newton v. State Bank

Supreme Court of Arkansas

Decided July 15, 1848PublishedCited by 4 opinions

Writ of Error to Pulaski Circuit Court. This canse was argued at length at the July term, 1848, by

1Opinion of the CourtJustice Walker

This was an action of ejectment, brought by Newton'against the Bank, for the recovery of certain lots of land in the city of Little Rock.

Newton claimed title to the lots as a purchaser at sheriff’s sale, and at the trial of the case produced a record showing a judgment against the Bank, an execution duly returned, showing a regular levy on the lots, their advertisement and sale according to law, and also, the sheriff’s deed, duly acknowledged and recorded.

The Bank (the defendant in execution) then offered to prove by parol evidence that the sale to the plaintiff was made without notice, on a…

2Cases cited4 opinions

  1. Jackson ex dem. Saunders v. CadwellNew York Supreme Court · 1824
  2. Love v. PowellSupreme Court of Alabama · 1843
  3. Givan v. DoeIndiana Supreme Court · 1840
  4. Trigg v. Lewis' ExecutorsCourt of Appeals of Kentucky · 1823

3Cited by4 opinions

  1. Fulbright v. MortonSupreme Court of Arkansas · 1917
  2. Commercial Standard Insurance v. WallerSupreme Court of Arkansas · 1935
  3. Mentzer v. EllisonColorado Court of Appeals · 1896
  4. Mentzer v. EllisonColorado Court of Appeals · 1896

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