Taliaferro v. Barnett
Supreme Court of Arkansas
APPEAL from Dorsey Circuit Court. Hon. John M. Bradley, Circuit Judge. The court below refused or failed to obey the mandate, and permitted Barnett, the appellee, to file a new answer, which, in substance, alleges that this court, in its opinion heretofore rendered, violated the well-known doctrine of stare decisis, and that, therefore, the mandate ought not to be obeyed, when, in truth, if the mistakes made in Sheppard v. Thomas and Jones v. Doss, 26 Ark., 613, and 27 Id.,…
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APPEAL from Dorsey Circuit Court. Hon. John M. Bradley, Circuit Judge. The court below refused or failed to obey the mandate, and permitted Barnett, the appellee, to file a new answer, which, in substance, alleges that this court, in its opinion heretofore rendered, violated the well-known doctrine of stare decisis, and that, therefore, the mandate ought not to be obeyed, when, in truth, if the mistakes made in Sheppard v. Thomas and Jones v. Doss, 26 Ark., 613, and 27 Id., 318, both decided by a divided court and virtually overruled in Campbell v. Rankin, 28 Ib., 401, had not been corrected,…
1Opinion of the Court
Cockrill, C. T.
Ee® Nditlonof rule
In the case of Sheppard v. Thomas, 26 Ark., 617, decided in 1871, it was ruled that a vendor’s lien for unpaid purchase money, though expressly reserved in the deed of conveyance, was not assignable. That case was, in effect, declared to have been wrongly decided, in 1873, in the case of Campbell v. Rankin, 28 Ark., 401; but as the rule announced in Sheppard v. Thomas had, in the meantime, been changed by statute as to transactions occurring after its passage, the case was not in terms overruled. When the appellant here, who is the assignee of notes given for…
2Cited by23 opinions
- AKA v. Jefferson Hosp. Ass'n, Inc.Supreme Court of Arkansas · 2001
- Carter Oil Company v. WeilSupreme Court of Arkansas · 1946
- Cox v. SmithSupreme Court of Arkansas · 1911
- Felton v. Rebsamen Medical Center, Inc.Supreme Court of Arkansas · 2008
- Miller Lumber Company v. FloydSupreme Court of Arkansas · 1925
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