Smith v. Hudson
Supreme Court of Arkansas
APPEAL from Chicot Circuit Court. Carroll D. Wood, Judge. Ejectment by Smith against Hudson and Halliday to recover certain lands. The complaint alleged these facts: The lands belonged to Todd.
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APPEAL from Chicot Circuit Court. Carroll D. Wood, Judge. Ejectment by Smith against Hudson and Halliday to recover certain lands. The complaint alleged these facts: The lands belonged to Todd. Under a judgment against Todd, Halliday caused the lands to be sold under execution. 'They were purchased on credit by Eveline Bolivar, a married woman, who executed her bond for the payment of the purchase money, as provided by section 3056 of Mansfield’s Digest, giving Todd as her security. Upon default in the payment of the bond, an execution was issued on the statutory judgment arising from the…
1Opinion of the CourtCockrill, C. J.
In Gardner v. Barnett, 36 Ark., 479, it was ruled that the defense of coverture was personal to the feme covert and could not be pleaded by another; and in that case, as well as in Chollar v. Temple, 39 Ark., 238, it was held that the defense must be made by the-woman before judgment in order to be availing to her. Both questions were practically decided in the previous case of Norris v. State, 22 Ark., 526-7, when the court, through Judge Fairchild, ruled that an execution which issued upon the statutory judgment arising by operation of law upon a forfeited delivery bond was not void by…
2Cases cited1 opinion
- Fowler v. JacobCourt of Appeals of Maryland · 1884
3Cited by1 opinion
- Hughes v. StateSupreme Court of Arkansas · 1902