Lawson v. Jordan
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court in Chancery Hon. William H. Feild, Circuit Judge. That it was competent and proper for the sheriff to file a bill of interpleader, see King vs. Green, 10 Missouri, 195. There are too many equitable questions in this case, not to make it proper to resort to this forum.
Read the full summary
Appeal from Pulaski Circuit Court in Chancery Hon. William H. Feild, Circuit Judge. That it was competent and proper for the sheriff to file a bill of interpleader, see King vs. Green, 10 Missouri, 195. There are too many equitable questions in this case, not to make it proper to resort to this forum. If one of the claims is purely equitable, it is indispensable to come into equity. 2 Story's Eq. sec. 808; Shaw vs. Caster, 8 Paige 346; Nash vs. Smith, 6 Conn. 421. It is very clear that the judgments on which there was no execution to the sale term, can claim no share of the proceeds. Robinson…
1Opinion of the CourtJustice PIanly
James Lawson, jun’r, late sheriff of Pulaski county, sold the real estate of Thomas Thorn, on the 21st of April, 1845, under various executions in his hands, issued on judgments against Thorn, rendered at different times between 1840 and 1844. The proceeds of the sale amounted to $8,190, and of which sum $1184, under a decree, in favor of Robert Brownlee, against all Thorn’s creditors on foreclosure of a mortgage, dated 16th February, 1842, on a portion of the lands sold, were paid over to Brownlee, and taken out of the fund, and no appeal having been taken from that decree, that payment must…
2Cases cited14 opinions
- Rankin v. ScottSupreme Court of the United States · 1827
- Woodcock v. BennetNew York Supreme Court · 1823
- Pettit v. ShepherdNew York Court of Chancery · 1835
- Houston v. StantonSupreme Court of Alabama · 1847
- Little v. HarveyNew York Supreme Court · 1832
9 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Brier v. Traders' National BankWashington Supreme Court · 1901
- Lambie v. W. T. Rawleigh Co.Supreme Court of Arkansas · 1929
- Lambie v. W. T. Rawleigh Co.Supreme Court of Arkansas · 1929