Legal Opinion

Baldwin v. Thomas

Supreme Court of Arkansas

Decided January 31, 1903PublishedCited by 10 opinions

Appeal from Ashley Chancery Court. J. Gr. Williamson, Special Chancellor. STATEMENT BY THE COURT. Baldwin & Lake recovered judgment against Willis D. Thomas in Ashley county for $1,037.86. Afterwards an execution issued on the judgment, and was levied upon 110 acres- of land belonging to Thomas.

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Appeal from Ashley Chancery Court. J. Gr. Williamson, Special Chancellor. STATEMENT BY THE COURT. Baldwin & Lake recovered judgment against Willis D. Thomas in Ashley county for $1,037.86. Afterwards an execution issued on the judgment, and was levied upon 110 acres- of land belonging to Thomas. The land was sold under the execution, and purchased by Norman, and after the expiration of the time for redemption the sheriff executed a deed to Norman, who purchased for Baldwin & Putnam. Norman brought an action of ejectment, and recovered judgment for possession of the land. Afterwards Thomas…

1Opinion of the Court

Biddick, J.,

(after stating the facts.) This was a suit in equity to enjoin two judgments; one a judgment for money and the other a judgment in ejectment for the recovery of land, the latter judgment being based on an execution sale under the former judgment. It seems to have been conceded on the trial that the judgment in the action of ejectment was invalid by reason of the fact that there was no summons served upon Thomas, the defendant in that action, and no question is made here as to that judgment. As to the money judgment, the special chancellor found that the evidence was not sufficient…

2Cases cited1 opinion

  1. Stanley v. SnyderSupreme Court of Arkansas · 1884

3Cited by10 opinions

  1. Woods v. Alvarado State BankTexas Supreme Court · 1929
  2. Holmes v. HolmesSupreme Court of Oklahoma · 1910
  3. Union Trust Co. v. CoxSupreme Court of Oklahoma · 1916
  4. Butt v. WalkerSupreme Court of Arkansas · 1928
  5. Jones v. ThompsonSupreme Court of Arkansas · 1942

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