Meredith v. Scallion
Supreme Court of Arkansas
APPEAL from Perry Circuit Court. J. B. Wood, Judge. 1. A demurrer to an answer relates back to the complaint, and if the complaint is insufficient the demurrer to the answer should have been overruled. 31 Ark., 301. 2. The judgment under which appellee claims being rendered by the circuit court against an administrator, the execution and sale under it are void, and nothing passed by it.
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APPEAL from Perry Circuit Court. J. B. Wood, Judge. 1. A demurrer to an answer relates back to the complaint, and if the complaint is insufficient the demurrer to the answer should have been overruled. 31 Ark., 301. 2. The judgment under which appellee claims being rendered by the circuit court against an administrator, the execution and sale under it are void, and nothing passed by it. Under our laws no execution can issue on a judgment of the circuit court against an administrator in his fiduciary character. 22 Ark., 572; 27 Id., 252; 40 Ark., 541. The facts in 10 Ark., 541, were different…
1Opinion of the CourtCockrill, C. J.
The appellee, who was plaintiff in this action of ejectment,, .recovered judgment relying solely upon a sheriff’s execution deed. The appellant, who was the defendant in possession, defended upon the theory that the deed was void and conferred no title upon the plaintiff, and relied also upon title by adverse possession for the statutory period, but the latter feature of the defence passes out of the case for want of a bill of exceptions. The court sustained a demurrer to the paragraph of the answer setting forth the facts which it was claimed avoided the sheriff’s deed. The complaint…
2Cited by6 opinions
- Brown v. NelmsSupreme Court of Arkansas · 1908
- Hampton v. CookSupreme Court of Arkansas · 1897
- Gaylor v. GaylorSupreme Court of Arkansas · 1955
- Sager v. JordanSupreme Court of Oklahoma · 1920
- Easley v. RoweSupreme Court of Arkansas · 1919
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