Holman v. Lowrance
Supreme Court of Arkansas
Appeal from Pulaski Chancery Court; John E. Martineau, Chancellor; STATEMENT BY THE COURT. Lowrance first filed a suit in the Pulaski Chancery Court against James Holman for specific performance of a contract to convey a forty-acre tract of land. A decree was entered on.
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Appeal from Pulaski Chancery Court; John E. Martineau, Chancellor; STATEMENT BY THE COURT. Lowrance first filed a suit in the Pulaski Chancery Court against James Holman for specific performance of a contract to convey a forty-acre tract of land. A decree was entered on. September 20, 1910, by default, reciting that “the defendant, James Holman, although duly summoned, by virtue of the statute in such cases made and provided, appearing not, neither answered nor demurred; the plaintiff announcing ready for trial and the court, after hearing the evidence and being fully advised in the premises,…
1Opinion of the Court
Kirby, J.,
(after stating the facts). This proceeding was instituted to vacate a judgment rendered at a former term of court under section 4431 of Kirby’s Digest, it being alleged that said judgment was rendered against appellant without notice and obtained by fraud practiced by the successful party, and also that no sale of the lands for a specific performance of which the decree therein was rendered had been authorized or made by appellant, and no money whatever received therefor.
It is necessary, in addition to alleging one of the grounds specified in said section, also to allege a valid…
2Cases cited1 opinion
- Mason v. AtkinsSupreme Court of Arkansas · 1905
3Cited by10 opinions
- Horn v. HullSupreme Court of Arkansas · 1925
- Crawley v. NealSupreme Court of Arkansas · 1922
- Merchants' & Planters' Bank & Trust Co. v. UsserySupreme Court of Arkansas · 1931
- Little Rock Chamber of Commerce v. Reliable Furniture Co.Supreme Court of Arkansas · 1919
- Osborne v. LawrenceSupreme Court of Arkansas · 1916
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