Du Val v. Johnson
Supreme Court of Arkansas
APPEAL from Sebastian Circuit Court in Chancery. Hon. J. H. Rogers, Circuit Judge. 1. The court had power to render the decree in personam against Johnson. Price v. Stale Bank, 14 Ark., 50; McLean v. Baclgett, 4 ib., 244 J Fowler, Admr., v. Byers, 16 ib., 196 ; sec. 13, chap. 117, Gould’s Digest, etc. 2. The service was in accordance with the law at the time (sec. 6, chap. 117, and sec. 14, chap. 133, Gould’s Digest), and sufficient.
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APPEAL from Sebastian Circuit Court in Chancery. Hon. J. H. Rogers, Circuit Judge. 1. The court had power to render the decree in personam against Johnson. Price v. Stale Bank, 14 Ark., 50; McLean v. Baclgett, 4 ib., 244 J Fowler, Admr., v. Byers, 16 ib., 196 ; sec. 13, chap. 117, Gould’s Digest, etc. 2. The service was in accordance with the law at the time (sec. 6, chap. 117, and sec. 14, chap. 133, Gould’s Digest), and sufficient. (Walker v.-Banlt, 15 Ohio, 288; Larlts v. Chappell, 1 McCord, 566; Sturgis v. Fay, 16 Ind., 289; Bank v. Simpson, 2 McMull (S. C), 352; Orcutt v. Ramsey, 10…
1Opinion of the CourtEaton, J.
The litigation in this case grows out of the proceedings in the case of Carnall v. Du Val, reported in 22 Arkansas, 136. By reference to that case it will be seen that it was a suit to foreclose a mortgage executed by three partners, of whom two had executed it in person, and the third, Johnson, by power of attorney given to one of the others, who executed it in his name. Carnall claimed the land by purchase under execution against all the mortgagors, subsequent to the mortgage.
Amongst other points then decided, it was held that, inasmuch as the power of attorney Rad never been recorded,…
2Cases cited1 opinion
- Dowell v. MitchellSupreme Court of the United States · 1882
3Cited by12 opinions
- Berryhill v. SeppSupreme Court of Minnesota · 1909
- Shinn v. HeathSupreme Court of Arkansas · 1976
- Mabee v. McDonaldTexas Supreme Court · 1915
- Northwestern & Pacific Hypotheek Bank v. RidpathWashington Supreme Court · 1902
- McGill v. MillerSupreme Court of Arkansas · 1931
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