Fenno v. Coulter
Supreme Court of Arkansas
Appeal from the Circuit Court of Pulaski county in Chancery, The Hon. W. H. Feild, Circuit Judge, presiding. The lien was itself a levy on the true tract, and no other levy was necessary. Wood vs. Calvin, 5 Hill 228. And if there be a defective description of the land, or a variance between the return on the execution and the deed, it may be corrected by parol.
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Appeal from the Circuit Court of Pulaski county in Chancery, The Hon. W. H. Feild, Circuit Judge, presiding. The lien was itself a levy on the true tract, and no other levy was necessary. Wood vs. Calvin, 5 Hill 228. And if there be a defective description of the land, or a variance between the return on the execution and the deed, it may be corrected by parol. Jackson vs. Walker, 4 Wend. 464. 1 Munf 269. Mathews vs. Thompson, 3 Hamm. 272. So if there is no return, Gates vs. Gaines, 10 Verm. 346. A sheriff’s deed cannot be canceled for mistake in an advertisement, or if there be no…
1Opinion of the CourtJustice Walker
George C. Watkins, as the assignee of Royster, obtained judgment against James'and Richard Coulter, and sued out execution thereon, which was levied on property of the defendant, but which, for want of time, was not sold. Without having disposed of this levy, the plaintiff sued out an alias ji.fa. which was levied, as appears by the return on the writ, on the west half of the south-west quarter of section twenty-eight, and the south-west quarter of section twenty-nine, all in township two north, range eleven west; which were appraised under the statute and offered for sale, but was not sold,…
2Cited by4 opinions
- McClain v. BattonWest Virginia Supreme Court · 1901
- Hyman v. LandryWisconsin Supreme Court · 1908
- National Bank of Commerce v. SmithSupreme Court of Rhode Island · 1891
- Robinson v. DavisSupreme Court of Arkansas · 1899