Cook v. Martin
Supreme Court of Arkansas
Appeal from Garland Chancery Court. LEEAND Leattierman, Judge. STATEMENT BY THE COURT. John J. Sumpter was in 1895 the owner of a one-third interest in lots 4 and 5 of block 112, of the city of Hot Springs, Garland County. On the 26th of June, 1895, one William Cameron recovered a judgment agdinst Sumpter. On December 5, 1895, execution was issued on this judgment. On January 14, 1896, Sumpter gave a stay bond, staying this execution for six months.
Read the full summary
Appeal from Garland Chancery Court. LEEAND Leattierman, Judge. STATEMENT BY THE COURT. John J. Sumpter was in 1895 the owner of a one-third interest in lots 4 and 5 of block 112, of the city of Hot Springs, Garland County. On the 26th of June, 1895, one William Cameron recovered a judgment agdinst Sumpter. On December 5, 1895, execution was issued on this judgment. On January 14, 1896, Sumpter gave a stay bond, staying this execution for six months. In July, 1896, Sumpter executed a deed conveying his interest in the lots to his mother, but the deed was dated as if executed on the 6th day of…
1Opinion
ON REHEARING.
BatteE, J.
According to tlie opinion of this court heretofore delivered in this case, the sale by M. E. Gaines to Mrs. Martin was not void, but voidable by appellants. To avoid it, they must have made application to set it aside within a reasonable time, and paid Mrs. Martin the money expended by her in the purchase of .the land and interest thereon, and compensated her for improvements, if any, made by her on the same. Instead of doing so, they, by an amendment to their complaint, in response to her motion to be made a party to this suit, sought to have her purchase and deed…
2Cases cited3 opinions
- McDonald v. HookerSupreme Court of Arkansas · 1893
- Adler-Goldman Commission Co. v. People's BankSupreme Court of Arkansas · 1898
- H. B. Claflin Co. v. BretzfelderSupreme Court of Arkansas · 1901