State Fair Ass'n v. Townsend
Supreme Court of Arkansas
Appeal from Pulaski Chancery Court. Thomas B. Martin, Chancellor. STATEMENT BY THE COURT. The State Fair Association executed a mortgage upon its property to secure certain bonds issued by the association, and after-wards brought suit in the Pulaski chancery court against Joe Townsend and others to redeem.
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Appeal from Pulaski Chancery Court. Thomas B. Martin, Chancellor. STATEMENT BY THE COURT. The State Fair Association executed a mortgage upon its property to secure certain bonds issued by the association, and after-wards brought suit in the Pulaski chancery court against Joe Townsend and others to redeem. The court found that the association had the right to redeem, determined the amount due on the bonds secured by the mortgage, and gave plaintiff 90 dajrs in which-, to make payment and redeem. The association failed to make the payment, and after the expiration of the time allowed by the…
1Opinion of the Court
Riddick, J.,
(after stating the facts). The question here arises on a motion to strike this ease from the docket because not revived against the administrator and heirs of defendant within the time allowed by the statute. Our statute provides that “an order to revive an action against the personal representative of a defendant, or against him and the heirs or devisees of the defendant, cannot be made, unless by consent, until after six months from the qualification of the personal representative.” Sand. & H. Dig., § 5934. This provision of the statute refers to the final order of revivor. The…
Also in this document: Dissent.
2Cases cited1 opinion
- McNutt v. StateSupreme Court of Arkansas · 1886
3Cited by8 opinions
- Peay v. Pulaski CountySupreme Court of Arkansas · 1912
- Anglin v. CravensSupreme Court of Arkansas · 1905
- Ex parte GilbertSupreme Court of Arkansas · 1910
- Prager v. WoottonSupreme Court of Arkansas · 1930
- Temple v. CulpSupreme Court of Arkansas · 1912
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