Snell v. Cummins
Supreme Court of Arkansas
Appeal from Arkansas Chancery Court. An attachment is a lien upon the property of the defendant subject to execution from the time of the delivery of the writ to the sheriff. 56 Ark. 292; 39 Ark. 97; 29 Ark. 85. The fact that the judgment was rendered for the debt before the attachment was sustained and execution issued is no waiver-of the attachment lien.
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Appeal from Arkansas Chancery Court. An attachment is a lien upon the property of the defendant subject to execution from the time of the delivery of the writ to the sheriff. 56 Ark. 292; 39 Ark. 97; 29 Ark. 85. The fact that the judgment was rendered for the debt before the attachment was sustained and execution issued is no waiver-of the attachment lien. Waples, Attach. 511. Parol evidence is sufficient to authorize a nunc pro tunc judgment. 40 Ark. 230; 51 Ark. 323. The burden of proof is on him who claims protection as a Iona fide purchaser. 56 Ark. 537; 50 Ark. 322. Confirmation of the…
1Opinion of the CourtWood, J.
The Bruce-Beine Hat Company, on August 8, 1891, had an attachment issued from the circuit court of Arkansas county against one Quertermous, and it is alleged that the same was levied on certain real estate August 14, 1891. On September 19, 1891, a judgment in personam was rendered against Quertermous, and execution stayed until January 1, 1892, when an execution was issued, and the lands sold by the sheriff February 20,1892, when the Bruce-Beine Hat Company, receipted the sheriff in full for the full amount of the claim. On September 19, 1892—nearly seven months ^thereafter—the attachment was…
2Cases cited1 opinion
- Freeman v. WatkinsSupreme Court of Arkansas · 1889