Heim v. Brock
Supreme Court of Arkansas
Appeal from Johnson Circuit Court; A. B. Priddy, Judge; 1. The court erred in not transferring the cause to the chancery court. 2. The judgment is not sustained by the evidence. Plaintiff was not entitled to maintain replevin. 67 Ark. 135; 82 Id. 244; 73 Id. 589. Plaintiff had no title, nor interest in the property or its proceeds.
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Appeal from Johnson Circuit Court; A. B. Priddy, Judge; 1. The court erred in not transferring the cause to the chancery court. 2. The judgment is not sustained by the evidence. Plaintiff was not entitled to maintain replevin. 67 Ark. 135; 82 Id. 244; 73 Id. 589. Plaintiff had no title, nor interest in the property or its proceeds. The attachment sale was, never confirmed, nor was the sale, according to law. 52 Ark. 446; Kirby’s Digest, § 385; 27 Ark. 292; 67 Id. 261; 81 Id. 147; etc. 2. The machinery was a fixture under the lease. If removed it would be worthless. The lessee refused to…
1Opinion of the CourtHumphreys, J.
W. C. Buff or d began a proceeding in attachment for $895.90 against the Wilkes-Barre Anthracite Coal Company, and, on the 16th day of January, 1915, obtained judgment for the amount and an order sustaining the attachment on an engine, boiler, fan house, office and buildings located on lands belonging to George Heim and others. In September, 1915, the property was sold under special execution ven ex at which sale, appellee, J. H.'Brock, purchased the property for $332.75 by agreement with Buiiord that he was not to pay the amount of the bid until he recovered the property, and that Bufford…
2Cases cited1 opinion
- Bache v. Central Coal & Coke Co.Supreme Court of Arkansas · 1917
3Cited by3 opinions
- Louisiana Oil Refining Corp. v. HaltomSupreme Court of Arkansas · 1933
- Newlands v. EllisSupreme Court of Kansas · 1930
- Taylor v. WalkerSupreme Court of Arkansas · 1921