Johnson v. Lesser
Supreme Court of Arkansas
Appeal from Lee Chancery Court. Edward D. Robertson, Chancellor. statement by the court. mortgaged the place to Morris Lesser to secure an account for supplies that he owed Lesser. Afterwards Johnson left the State, and Lesser brought a suit in equity to foreclose his mortgage. Lesser filed an affidavit that Johnson was a non-resident, and the clerk made the following indorsement on the complaint: Ben Johnson owned 80 acres of land in Lee County.
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Appeal from Lee Chancery Court. Edward D. Robertson, Chancellor. statement by the court. mortgaged the place to Morris Lesser to secure an account for supplies that he owed Lesser. Afterwards Johnson left the State, and Lesser brought a suit in equity to foreclose his mortgage. Lesser filed an affidavit that Johnson was a non-resident, and the clerk made the following indorsement on the complaint: Ben Johnson owned 80 acres of land in Lee County. He “It appearing from the affidavit of the plaintiff that defendants, Ben and Lucy Johnson, are non-residents of the State of Arkansas, it is…
1Opinion of the Court
Riddicic, J.,
(after stating the facts.) In this case the heirs of Ben Johnson seek to set aside and declare void a foreclosure decree rendered against Ben Johnson and wife while they were non-residents of the State, and to compel the defendant to account for the rents and profits arising from the land purchased under the foreclosure sale. ° The service upon the defendants in the foreclosure decree was by publication, and the contention of the plaintiffs is that the forclosure decree was void on account of want of jurisdiction over the persons of the defendants. One. objection urged on the…
2Cases cited2 opinions
- Clay v. BilbySupreme Court of Arkansas · 1904
- Ballard v. HunterSupreme Court of Arkansas · 1905
3Cited by6 opinions
- Burbridge v. GotschSupreme Court of Arkansas · 1913
- Blackwell Oil & Gas Co. v. MadduxSupreme Court of Arkansas · 1930
- Waldron v. TaenzerSupreme Court of Arkansas · 1906
- St. Louis, Iron Mountain & Southern Railway Co. v. GreesonSupreme Court of Arkansas · 1906
- Ingram v. LutherSupreme Court of Arkansas · 1968
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