Case v. Caddo River Lumber Co.
Supreme Court of Arkansas
Appeal from Pike Chancery Court; Jas. D. Shaver, Chancellor; 1. The levy of the attachment was a substantial compliance with the statute and created a lien. Kirby’s Digest, § 355; 11 Cal. 238; 70 Am. Dec. 775; 72 Cal. 494; 42 Kans. 177. 2. The decree is valid on collateral attack.
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Appeal from Pike Chancery Court; Jas. D. Shaver, Chancellor; 1. The levy of the attachment was a substantial compliance with the statute and created a lien. Kirby’s Digest, § 355; 11 Cal. 238; 70 Am. Dec. 775; 72 Cal. 494; 42 Kans. 177. 2. The decree is valid on collateral attack. Kirby’s Digest, §§ 412-15-19; 90 Ark. 454. 3. The rights of third persons acquired in good faith under a judgment in full force are not affected by a subsequent reversal or change in such judgment. 17 Ark. 608, 682; 17 Am. & Enc. Law, 810 (2 ed.); 4 Dana (Ky.), 99; 60 Tex. 555; 16 111. 225; 3 Ohio, 550; 25 Cyc.…
1Opinion of the CourtWood, J.
The appellants instituted this suit against the appellees to remove clouds from their title. Appellants, alleged in substance that they were the owners of certain lands in Pike county by having purchased same at a sale under a judgment rendered by the United States District Court of Arkansas in certain attachment proceedings therein pending in which the lands were levied upon and sold as the property of W. F. Davis and wife. They alleged that notice lis pendens was duly given of the attachment proceedings. They also alleged that the appellees were claiming title under deeds which were clouds…
2Cases cited2 opinions
- Henry Wrape Co. v. CoxSupreme Court of Arkansas · 1916
- Miller v. FraleySupreme Court of Arkansas · 1861
3Cited by5 opinions
- Coffin v. Old Line Life InsuranceNebraska Supreme Court · 1941
- Bell v. South Arkansas Land Co.Supreme Court of Arkansas · 1917
- Cramer v. RemmelSupreme Court of Arkansas · 1918
- Stubbs v. PyleSupreme Court of Arkansas · 1919
- Carter v. ThompsonSupreme Court of Arkansas · 1925