West v. Burks
Supreme Court of Arkansas
Appeal from Little River Chancery Court; lames D. Shaver, Chancellor; The statute allows defendants constructively summoned to appear within two years and make defense, and requires that the action be tried anew as to such defendants, as if there had been no judgment.
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Appeal from Little River Chancery Court; lames D. Shaver, Chancellor; The statute allows defendants constructively summoned to appear within two years and make defense, and requires that the action be tried anew as to such defendants, as if there had been no judgment. Kirby’s Dig. § 6259. The granting of the new trial set aside all former proceedings, including the sale by the commissioner, and judgment should have been rendered for appellants on their cross-complaint for want of reply.
1Opinion of the CourtMcCurroch, C. J.
Plaintiff, J. D. Burks, instituted this action in the chancery court of Little River County against defendants, Clarence West and his wife, Ollie West, to foreclose a mortgage on real estate executed to' him by the defendants. The defendants were nonresidents of the State, and were constructively summoned to appear in the action.
A decree was rendered at the November term, 1906, foreclosing the mortgage and ordering the sale, by a commissioner, of the land described in the mortgage, for the satisfaction of the debt secured. On a later day of the same term the defendants appeared and filed…
2Cases cited4 opinions
- Cribbs v. WalkerSupreme Court of Arkansas · 1905
- Porter, Taylor & Co. v. HansonSupreme Court of Arkansas · 1880
- Pearson v. VanceSupreme Court of Arkansas · 1908
- Pembroke v. LoganSupreme Court of Arkansas · 1903
3Cited by1 opinion
- Gleason v. BooneSupreme Court of Arkansas · 1916