Anglin v. Cravens
Supreme Court of Arkansas
Appeal from Marion Chancery Court. • E. G. Mitci-iell, Judge. STATEMENT BY THE COURT. W. M. Anglin and-H. H. Hilton brought this suit in chancery against appellees to foreclose a deed of trust on real estate executed by appellees to appellant Hilton, as trustee, to recover payment of an alleged debt to Anglin, and also to declare a lien for an amount paid by Anglin in redemption of the lands from tax sale.
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Appeal from Marion Chancery Court. • E. G. Mitci-iell, Judge. STATEMENT BY THE COURT. W. M. Anglin and-H. H. Hilton brought this suit in chancery against appellees to foreclose a deed of trust on real estate executed by appellees to appellant Hilton, as trustee, to recover payment of an alleged debt to Anglin, and also to declare a lien for an amount paid by Anglin in redemption of the lands from tax sale. The lands were sold for taxes, and purchased by one Layton, and Anglin bought and received a deed from Layton, paying him $300 therefor, but only claimed it to be a redemption. The…
1Opinion of the Court
McCulloch, J.,
(after stating the facts.) The question to-be first considered is whether or not the case can now be revived.
The statute provides that where either of the parties to a pending action dies, the cause may, on motion of any party interested, he revived in the name of a special administrator, if there is no general administrator. Kirby’s Dig. § § 6298-6300. It is further provided that “an order to revive an action in the name of the representatives or successor of a plaintiff may be made forthwith, but shall not- be made without the consent of the defendant after the expiration of…
2Cases cited1 opinion
- State Fair Ass'n v. TownsendSupreme Court of Arkansas · 1901
3Cited by19 opinions
- Peay v. Pulaski CountySupreme Court of Arkansas · 1912
- Aetna Life Insurance v. TaylorSupreme Court of Arkansas · 1917
- Woolfolk v. DavisSupreme Court of Arkansas · 1955
- Deaver v. Faucon Properties, Inc.Supreme Court of Arkansas · 2006
- De Yampert v. ManleySupreme Court of Arkansas · 1917
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