Love v. Kaufman
Supreme Court of Arkansas
Appeal from Chicot Chancery Court. Marcus L. Hawkins, Judge. The court had no jurisdiction. 1 Ark. 376; 20 Ark. 12; 25 Ark. 270; 30 Ark. 435. There was no service. 38 Ark. 435; 2 Ark. 14; 6 Ark. 451. The execution sale was void. Sand. & H. Dig. § 3095. The decree is binding on defendants until set aside, 49 Ark. 397; 7 Ind. 385; 1 Ind. 13C; it Ark. 519; 55 Ark. 30. This court will presume that the chancellor had satisfactory evidence before him. 10 Pet.
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Appeal from Chicot Chancery Court. Marcus L. Hawkins, Judge. The court had no jurisdiction. 1 Ark. 376; 20 Ark. 12; 25 Ark. 270; 30 Ark. 435. There was no service. 38 Ark. 435; 2 Ark. 14; 6 Ark. 451. The execution sale was void. Sand. & H. Dig. § 3095. The decree is binding on defendants until set aside, 49 Ark. 397; 7 Ind. 385; 1 Ind. 13C; it Ark. 519; 55 Ark. 30. This court will presume that the chancellor had satisfactory evidence before him. 10 Pet. (U. S.) 449. The presumption is in favor of the regularity of the commissioner’s report. 47 Ark. 226; 55 Ark. 307. Judgments and decrees…
1Opinion of the CourtRiddick, J.
This was an action brought in, the chancery court of Chicot county by J. Kaufman against Henry and Mattie Love to foreclose a mortgage on land executed by them to him to secure the payment of certain promissory notes given by Henry Love to Kaufman, which are set out in the complaint. There was a judgment by default in favor of the plaintiff, from which judgment the defendants have appealed. The main contention made here is that the record does not show any service of summons upon the defendants, and that the court had no jurisdiction over the person of the defendants, and therefore •no right…
2Cases cited5 opinions
- Kahn v. MatthaiCalifornia Supreme Court · 1897
- Turner v. JenkinsIllinois Supreme Court · 1875
- White v. SmithSupreme Court of Arkansas · 1897
- Riverside County v. StockmanCalifornia Supreme Court · 1899
- Coons v. ThrockmortonSupreme Court of Arkansas · 1867
3Cited by6 opinions
- McDonald v. Fort Smith & Western RailroadSupreme Court of Arkansas · 1912
- First National Bank v. DalsheimerSupreme Court of Arkansas · 1923
- Crawley v. NealSupreme Court of Arkansas · 1922
- Fidelity Mortgage Company v. EvansSupreme Court of Arkansas · 1925
- Adams v. NationsbankCourt of Appeals of Arkansas · 2001
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