Montgomery v. Black
Supreme Court of Arkansas
Appeal from Monroe Chancery Court. John M. Erriott, Judge. statement by the court. This is a suit in chancery brought by appellees, John S. Black as one of the heirs and as creditor of S. E. Black, deceased, and Mallory, Crawford & Co., creditors of said S. E. Black, to set aside the sale of the lands in controversy made to Polk Montgomery, one of the appellants, by the sheriff of Monroe County, under orders of sale rendered by the circuit court and special execution issued…
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Appeal from Monroe Chancery Court. John M. Erriott, Judge. statement by the court. This is a suit in chancery brought by appellees, John S. Black as one of the heirs and as creditor of S. E. Black, deceased, and Mallory, Crawford & Co., creditors of said S. E. Black, to set aside the sale of the lands in controversy made to Polk Montgomery, one of the appellants, by the sheriff of Monroe County, under orders of sale rendered by the circuit court and special execution issued thereupon. Montgomery, the purchaser of the lands, E. J. Robinson, administrator' of the estate of S. L. Black,…
1Opinion of the Court
McCulloch, J.,
(after .stating the'facts.) The determination of this cause turns solely upon the question of fact whether appellant, Montgomer}’-, became the purchaser of the lands in good faith, or whether he purchased for the benefit of Robinson. The latter, being administrator of the Black estate, had no more right to buy at the sheriff’s sale than he would have had to buy at a sale of lands of the estate made by himself as administrator.
Leaving out of consideration the disputed fact of his having agreed to share the rents and proceeds of sale with the Black estate, he held, as such…
2Cases cited7 opinions
- Hindman v. O'ConnorSupreme Court of Arkansas · 1891
- Gibson v. HerriottSupreme Court of Arkansas · 1891
- Clements v. CatesSupreme Court of Arkansas · 1887
- Trimble v. JamesSupreme Court of Arkansas · 1883
- Imboden v. HunterSupreme Court of Arkansas · 1861
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Bank of Pine Bluff v. LeviSupreme Court of Arkansas · 1909
- Crawford County Bank v. BoltonSupreme Court of Arkansas · 1908
- Midland Savings & Loan Co. v. CarpenterSupreme Court of Oklahoma · 1929
- Eagle v. TerrellSupreme Court of Arkansas · 1910
- Robinson v. BlackSupreme Court of Arkansas · 1907
3 more not listed; retrieve them via the Exa API.