Merrick & Fenno v. Hutt
Supreme Court of Arkansas
Appeal fro'n PulasTci Gi/rcmt Oov/rt i/n Ghaneery. Hon. William: H. Feild, Circuit Judge. Proceedings by attachment, under our statute, {sec. 8,43, ch. 17, Per. St.,) are proceedings in reon. The latter section expressly contemplates the property from the levy of the writ to a sale under execution, as remaining in the custody of the law. "Without such express provision, the statute would have received the- same construction.
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Appeal fro'n PulasTci Gi/rcmt Oov/rt i/n Ghaneery. Hon. William: H. Feild, Circuit Judge. Proceedings by attachment, under our statute, {sec. 8,43, ch. 17, Per. St.,) are proceedings in reon. The latter section expressly contemplates the property from the levy of the writ to a sale under execution, as remaining in the custody of the law. "Without such express provision, the statute would have received the- same construction. By the seizure, thz property is taken and held within the jurisdiction of the court, in the same manner, so far as the property is concerned, as is done in an admiralty…
1Opinion of the Court
Hon. S.H. Hempstead, Special Judge,
delivered tbe opinion of the Court.
Tbe lot in controversy appears to bave been taxed, for 1840, in tbe name of J ames Daniels as a non-resident, as well as in tbe name of J ames T. Starke, as a resident of Pulaski county. Tbe latter was tbe equitable owner of tbe lot; but tbe legal title was in Darwin Lindsey. /■ It does not appear tbat James Daniels bad any right to tbe lot. He was, however, a non-resident, and the lot seems to bave been regarded as non-resident property. After advertising it as such,'it was offered for sale for the taxes of 1840, at the…
2Cases cited12 opinions
- Blight's Lessee v. RochesterSupreme Court of the United States · 1822
- The MARY, Stafford, MastfSupreme Court of the United States · 1815
- Willison v. WatkinsSupreme Court of the United States · 1830
- Ronkendorff v. Taylor's LesseeSupreme Court of the United States · 1830
- Walden v. BodleySupreme Court of the United States · 1840
7 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Bettison v. BuddSupreme Court of Arkansas · 1860
- Cobban v. HindsMontana Supreme Court · 1899
- Craig v. FlanaginSupreme Court of Arkansas · 1860
- Arkansas National Bank v. StuckeySupreme Court of Arkansas · 1915
- Cracraft v. MeyerSupreme Court of Arkansas · 1905
5 more not listed; retrieve them via the Exa API.