Oliver v. Routh
Supreme Court of Arkansas
- Appeal from Madison Chancery Court; T. H. Humphreys, Chancellor; STATEMENT BY THE COURT. Appellant instituted this action in the chancery court against appellees and set up two causes of action. 1. Appellant- seeks to set aside a decree of foreclosure of a vendor’s lien on real estate made in the Madison chancery court several years ago in a suit wherein the Madison 'County Bank was plaintiff and Percie and Geo. Thos. Oliver were defendants on the -grounds that it is void.
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- Appeal from Madison Chancery Court; T. H. Humphreys, Chancellor; STATEMENT BY THE COURT. Appellant instituted this action in the chancery court against appellees and set up two causes of action. 1. Appellant- seeks to set aside a decree of foreclosure of a vendor’s lien on real estate made in the Madison chancery court several years ago in a suit wherein the Madison 'County Bank was plaintiff and Percie and Geo. Thos. Oliver were defendants on the -grounds that it is void. The First National Bank was the successor of the Madison County Bank. 2. Appellant seeks to set aside as void an order…
1Opinion of the Court
Hart, J.,
(after stating the facts). (1) It is claimed •by counsel for appellant that the decree of foreclosure in the case of the Madison ‘County Bank against the widow and minor child of Geo. B. Oliver, deceased, was void because the writ of summons was without the official seal of the clerk; but this court has decided adversely to him in regard to this contention. In the case of Rudd v. Thompson and Barnes, 22 Ark. 363, the court held that a writ of summons is not void for want of the official seal of the clerk and that it may be amended on application to the court. The court further held…
2Cases cited12 opinions
- Hindman v. O'ConnorSupreme Court of Arkansas · 1891
- Crittenden Lumber Co. v. McDougalSupreme Court of Arkansas · 1911
- Davis v. HaleSupreme Court of Arkansas · 1914
- McDonald v. Fort Smith & Western RailroadSupreme Court of Arkansas · 1912
- Stephens v. StephensSupreme Court of Arkansas · 1913
7 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Ex parte TiptonSupreme Court of Arkansas · 1916
- Blanton v. Forrest City Manufacturing Co.Supreme Court of Arkansas · 1919
- Axley v. HammockSupreme Court of Arkansas · 1932
- Monks v. DuffleSupreme Court of Arkansas · 1924
- Texas Title Guaranty Co. v. MardisSupreme Court of Oklahoma · 1939
11 more not listed; retrieve them via the Exa API.