Smith v. Yell
Supreme Court of Arkansas
In Chancery, determined in the Pulaski Circuit Court, in March, 1841, before the Hon. John J. Chgndenin, one of the Circuit Judges. In January, 1840, Archibald Yell tiled his bill in that Court, against Andrew D. Smith and wife, and the heirs of his own deceased wife, ■Maria.
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In Chancery, determined in the Pulaski Circuit Court, in March, 1841, before the Hon. John J. Chgndenin, one of the Circuit Judges. In January, 1840, Archibald Yell tiled his bill in that Court, against Andrew D. Smith and wife, and the heirs of his own deceased wife, ■Maria. The bill stated, that the complainant intermarried with Maria Ficklin, in the year 1836, and, in the following year, purchased four half lots in the city of Little Rock, and caused the deed, as matter of ¿race and favor, to be executed to his wife Maria. That he paid the price of the purchase money out of his own funds,…
1Opinion of the Court
By the Court,
Dickinson, J.
The appellee insists that the decree was interlocutory, and did not become final until after the expiration of the first three days of the next September term of the Court. Sections 15, 21, 22, Rev. Code, 160, 161, all relate to the service of process upon the defendants, and what notification shall be considered sufficient to authorize the bill to be taken as confessed, and an interlocutory decree entered. Sec■ 24 declares, that “ no exceptions or plea shall be filed after an interlocutory decree; but, if the defendant appear, within the first three days of the next…
2Cited by1 opinion
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