Price v. Hemingway

Kirby, J.,

(after stating the facts). Appellants concede the right of appellees, whose judgment survived against them, to revive the cause against the heirs of J. A. Price, deceased, and contend correctly that the court erred in setting aside the decree of foreclosure in making such order of revival. Sections 1062-65, 6311, C. & M. Digest ; Thompson v. Lee, 174 Ark. 868, 296 S. W. 706; Hill v. Brittain, 178 Ark. 784, 12 S. W. (2d) 869.

The decree erroneously vacated had been entered at a former term of the court against J. A. Price, foreclosing the lien against his lands only, and there was no…