Legal Opinion

Patterson v. Fowler's exr.

Supreme Court of Arkansas

Decided December 15, 1861PublishedCited by 1 opinion

Appeal from, Independence Circuit Court m Chancery. Hon. William C. Sevens, Circuit Judge. Whether Fowler’s or Patterson’s purchase shall hold the property, is a question of mere legal priority. Any right that Fowler acquired at the marshal’s sale of 25th January, 1847, was a legal right, and the same remark is to be made of the sheriff’s sale to Patterson.

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Appeal from, Independence Circuit Court m Chancery. Hon. William C. Sevens, Circuit Judge. Whether Fowler’s or Patterson’s purchase shall hold the property, is a question of mere legal priority. Any right that Fowler acquired at the marshal’s sale of 25th January, 1847, was a legal right, and the same remark is to be made of the sheriff’s sale to Patterson. Not Fowler, nor his assignee, Bertrand, has any equity that can make his title any stronger in this court, than it would be in a court at law, in an action of ejectment. The judgment in the federal court upon which the bill relies, was…

1Opinion of the CourtChief Justice English

Taking up the questions deemed material to a disposal of the cause, in the order in which they have been discussed by counsel, we shall first determine whether the title of Absalom Fowler, to the lands in controversy, as set up in the original bill, is superior to that of James II. Patterson, as made out in his answer and cross-bill, he being the only party who appealed from the decree of the court below in favor of Fowler.

The substance of the case made by the original bill, is, that Hufus Stone was the owner of an undivided half of certain lands situated in J ackson county, which are…

2Cases cited2 opinions

  1. Wood v. GarySupreme Court of Alabama · 1843
  2. Hood v. WinsattCourt of Appeals of Kentucky · 1841

3Cited by1 opinion

  1. Sturdivant v. CookSupreme Court of Arkansas · 1906

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