Huffman v. Gaines
Supreme Court of Arkansas
APPEAL from Garland Circuit Court. Hon. J. B. Wood, Circuit Judge. The court finds that the alleged sale under the judgment, for cash, was rendered valid by the acceptance by appellant of part of the proceeds. Mansf. Dig., sec. 3036; lb., sec. 3iji. All sales by order of court must be on credit. 23 Ark., 292. The court erred in directing the sale to be made for cash.in hand.
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APPEAL from Garland Circuit Court. Hon. J. B. Wood, Circuit Judge. The court finds that the alleged sale under the judgment, for cash, was rendered valid by the acceptance by appellant of part of the proceeds. Mansf. Dig., sec. 3036; lb., sec. 3iji. All sales by order of court must be on credit. 23 Ark., 292. The court erred in directing the sale to be made for cash.in hand. The sale should have been on a credit of not less than three months, nor more than six. 31 Ark., 236. The sale was made on a credit, but the purchaser elected to pay cash. Appellant waived his right to object, by…
1Opinion of the CourtCockrill, C. J.
Huffman has appealed from a judgment ' in ejectment against him in favor of Mrs. Gaines, awarding her the possession and rents of a lot in the city of Hot Springs. Mrs. Gaines claimed to have acquired Huffman’s title to the property, by conveyance from two sources, viz.: First, by a sheriff’s execution deed, and, second, by a deed executed to her by a trustee, in pursuance of a purchase made by her at a public sale, had under a mortgage with power to sell on default of payment, executed by Huffman on the premises in question. No objection is made here against the trustee’s deed, except upon…
2Cases cited3 opinions
- Adlum v. YardSupreme Court of Pennsylvania · 1829
- Sherman v. . McKeonNew York Court of Appeals · 1868
- Southard v. PerrySupreme Court of Iowa · 1866
3Cited by3 opinions
- Cowling v. BrittSupreme Court of Arkansas · 1914
- Wade v. DenistonSupreme Court of Arkansas · 1929
- Woods v. HayesSupreme Court of Arkansas · 1908