Kimberling v. Hartly
United States Circuit Court
On the 8th day of February, 1875, the defendant John Hartly, recovered judgment in the circuit court of White county, Arkansas, against Thomas J. Oliphant for the sum of $280.27, upon which judgment execution was issued and returned nulla bona.
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On the 8th day of February, 1875, the defendant John Hartly, recovered judgment in the circuit court of White county, Arkansas, against Thomas J. Oliphant for the sum of $280.27, upon which judgment execution was issued and returned nulla bona. November 22, 1875, the judgment creditor, Hartly, filed his bill on the equity side of the White county circuit court, alleging the above facts, and further alleging that the judgment defendant, Oliphant, was the owner in fee of the real estate in controversy in this case, and that sometime prior to the rendition of the judgment in favor of Hartly he…
1Opinion of the CourtCaldwell, J.
The plaintiff contends that when Oliphant was adjudged a bankrupt the state court was without jurisdiction to proceed further in the pending cause, unless the assignee was made a party, and that, as that was not done, the decree of that court, and sale and conveyance thereunder, are nullities, and that, as the land reverted to Oliphant under the limitation in the deed to his wife, after he was adjudged a bankrupt, it was a new acquisition, and his deed invested plaintiff with the legal title. Judgment, execution, and a return of nulla bona thereon, placed the judgment creditor in a position…
2Cases cited20 opinions
- Eyster v. GaffSupreme Court of the United States · 1876
- Glenny v. LangdonSupreme Court of the United States · 1878
- Miller v. SherrySupreme Court of the United States · 1865
- Yeatman v. Savings InstitutionSupreme Court of the United States · 1878
- Marshall v. KnoxSupreme Court of the United States · 1873
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3Cited by6 opinions
- Frazier v. Southern Loan & Trust Co.Court of Appeals for the Fourth Circuit · 1900
- Scott v. Farmers' Loan & Trust Co.Court of Appeals for the Eighth Circuit · 1895
- Southern Loan & Trust Co. v. BenbowDistrict Court, W.D. North Carolina · 1899
- National Bank of the Republic v. HobbsU.S. Circuit Court for the Southern District of Georgia · 1901
- Lewis v. DillardCourt of Appeals for the Eighth Circuit · 1896
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