Byers v. Engles
Supreme Court of Arkansas
Appeal from the Circuit Oourt of Independence County. Hon. Beaufoet H. Neely, Circuit Judge. This case must be determined by tlie construction of the 31si section, chap. 37, Digest.
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Appeal from the Circuit Oourt of Independence County. Hon. Beaufoet H. Neely, Circuit Judge. This case must be determined by tlie construction of the 31si section, chap. 37, Digest. The debt for which the judgment was rendered, was contracted when Harvey Engles was the owner of the land, and notwithstanding the deed was made to John Engles before the judgment, it was not filed for record until after the levy was made \ and there is no pretence of notice, to either the judgment creditor or the purchaser, of the deed until after the levy. The whole policy of our Legislation and laws is that the…
1Opinion of the CourtJustice Walker
Byers and Patterson brought an action of ejectment against John Engles for a tract of land. The judgment in the Circuit Court was for the defendant, from which the plaintiffs appealed.
The plaintiffs claim title to the land, as purchasers at a judicial sale. The proceedings, under which the sale was made, were regular', and a valid deed made by the sheriff to the plaintiffs, who purchased the land. No objection is taken by defendant to the regularity of the proceedings or the deed ; but, in defence, he sets up a title, by deed, from TIarvey Engles, the defendant in execution, to himself, duly…
2Cases cited13 opinions
- Jaques v. WeeksSupreme Court of Pennsylvania · 1838
- Jackson ex dem. Merrick v. PostNew York Supreme Court · 1836
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- Keirsted v. AveryNew York Court of Chancery · 1832
- Daniel v. SorrellsSupreme Court of Alabama · 1846
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3Cited by13 opinions
- J. I. Case Threshing MacH. Co. v. Walton Trust Co.Supreme Court of Oklahoma · 1913
- Duff v. RandallCalifornia Supreme Court · 1897
- Hornor v. HanksSupreme Court of Arkansas · 1861
- Ghio v. ByrneSupreme Court of Arkansas · 1894
- Carroll v. EvansSupreme Court of Arkansas · 1935
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