Townsly-Myrick Dry Goods Co. v. Fuller
Supreme Court of Arkansas
Appeal from Scott Circuit Court. Edgar E. Bryant, Judge. 1. The parol testimony was admissible and proper to show that the justice’s judgment was void. 46 Ark. 153 ; 43 id. 232 ; 52 id. 373 ; 22 Pac. Rep. 505. 2. The rule is that an officer is protected by process in his hands, if regular on its face, when he confines himself to a levy on property in possession of the defendant in execution.
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Appeal from Scott Circuit Court. Edgar E. Bryant, Judge. 1. The parol testimony was admissible and proper to show that the justice’s judgment was void. 46 Ark. 153 ; 43 id. 232 ; 52 id. 373 ; 22 Pac. Rep. 505. 2. The rule is that an officer is protected by process in his hands, if regular on its face, when he confines himself to a levy on property in possession of the defendant in execution. Where he levies on property in possession of third persons, he is not protected by a prima facie valid judgment and execution ; it must be in fact valid and legal. Freeman, Ex. sec. 101; 19 Mo. App. 587;…
1Opinion of the CourtBattle, J.
This was an action instituted by the Townsly-Myrick Dry -Goods Company against L. P. Fuller to recover damages. The claim was based on the following facts : On the 16th of March, 1891, D. A. Wilson, a merchant doing business at the town of Olio, in this State, being' indebted to plaintiff, executed to it his promissory note for $2000, and at the same time executed, acknowledged and delivered a mortgage, whereby he conveyed to plaintiff certain goods, wares and merchandise to secure the payment of the note, and stated therein the conditions on which the mortgagee might thereafter take…
2Cases cited10 opinions
- Earl v. Camp & StoneNew York Supreme Court · 1837
- Boyd v. RoaneSupreme Court of Arkansas · 1887
- Sheldon v. . Van BuskirkNew York Court of Appeals · 1849
- Dunlap v. HuntingNew York Supreme Court · 1846
- Jones v. TerrySupreme Court of Arkansas · 1884
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3Cited by8 opinions
- Shorter University v. FranklinSupreme Court of Arkansas · 1905
- Arbie v. JonesSupreme Court of Arkansas · 1907
- JAMES WILLIS SUTTON, JR.; HOMER WILLIS; AND LOUIS WILLIS, EACH IN HIS OWN RESPECTIVE INDIVIDUAL CAPACITY v. JERRY D. PICKETT AND JUDY K. PICKETT, MARRIED PERSONsCourt of Appeals of Arkansas · 2021
- Emerson v. HopperSupreme Court of Arkansas · 1910
- O. T. Dixon Printing & Stationery Co. v. PlankSupreme Court of Arkansas · 1920
3 more not listed; retrieve them via the Exa API.