Lilly v. Barron
Supreme Court of Arkansas
•Appeal from Mississippi Chancery Court, Chickasawba District; Archer Wheatley, Chancellor; STATEMENT OE EAOTS. On the first day of August, 1916, Mrs. S. B. Driver sued C. B. Rodgers and others to recover judgment against them for the sum of $1,650 and to foreclose a vendor’s lien on certain property which had been sold to the defendants by O. R. Lilly.
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•Appeal from Mississippi Chancery Court, Chickasawba District; Archer Wheatley, Chancellor; STATEMENT OE EAOTS. On the first day of August, 1916, Mrs. S. B. Driver sued C. B. Rodgers and others to recover judgment against them for the sum of $1,650 and to foreclose a vendor’s lien on certain property which had been sold to the defendants by O. R. Lilly. She alleged that the $1,650 was a balance of the purchase price of said property, and that the parties had given O. R. Lilly a note for $1,650 and that Lilly had duly assigned the note to her. J. W. Barron was allowed to become a party…
1Opinion of the CourtHart, J.
(after stating the facts). It is claimed that appellant is barred of relief because no appeal was taken from the decree rendered on the 4th day of September, 1918, within the time prescribed by the statute. In that decree the court found that 0. it. Lilly was guilty of fraud practiced upon Barron and was primarily liable to Barron, and that if Barron should pay the amount due the plaintiff, towit, $2,666.72, the said Barron should be entitled to judgment for said amount against 0. B. Lilly. No judgment for that amount, however, was rendered against Lilly in favor of Barron.
The finding of the…
2Cases cited7 opinions
- Williams v. United States Fidelity & Guaranty Co.Supreme Court of the United States · 1915
- Crawford v. BurkeSupreme Court of the United States · 1904
- Sennett v. WalkerSupreme Court of Arkansas · 1909
- Baum v. Currituck Shooting ClubSupreme Court of North Carolina · 1886
- Moss v. AshbrooksSupreme Court of Arkansas · 1854
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- Farmer v. Franklin CountySupreme Court of Arkansas · 1929