State v. Lawson
Supreme Court of Arkansas
Writ of Error to Pulaski Circuit Court, The Hon. W! H. Feild, Circuit Judge, presiding. This case was argued and submitted at the July term 1848. This is an application to compel the sheriff to acknowledge a deed which lie had executed to the purchaser of property, sold under execution. Without such acknowledgment the rights of the purchaser are impaired, and the mandamus is the only specific remedy to compel the performance of a duty, clearly enjoined by the statute.
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Writ of Error to Pulaski Circuit Court, The Hon. W! H. Feild, Circuit Judge, presiding. This case was argued and submitted at the July term 1848. This is an application to compel the sheriff to acknowledge a deed which lie had executed to the purchaser of property, sold under execution. Without such acknowledgment the rights of the purchaser are impaired, and the mandamus is the only specific remedy to compel the performance of a duty, clearly enjoined by the statute. Rev. Slat., Title, Execution, sec. 22. Goodall Ex parte, 14 John. Rep. 325. Dawson vs. Thruston, 2 Hen. Mun. 132. Marbury vs.…
1Opinion of the CourtJustice Walker
This was a proceeding by petition for a mandamus to compel the defendant, as sheriff, to acknowledge a deed for certain lands, which the petitioner claims as purchaser at a judicial sale.
The petition is very full, as are also the recitals in the alternative writof mandamus. The substance of the ground for mandamus, is, that the defendant, as sheriff, offered for sale certain lots of land, as the property of the Bank : that Johnson, at the instance of the state, and for her benefit, bid off the land: that the State has been, and is yet ready and willing to pay the sum bid and has tendered the…
2Cited by6 opinions
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- In Re TomlinUnited States Bankruptcy Court, E.D. Arkansas · 1999
- McLean v. MartinSupreme Court of Missouri · 1870
- In Re BlandUnited States Bankruptcy Court, E.D. Arkansas · 1998
- Fulbright v. MortonSupreme Court of Arkansas · 1917
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