Hershy v. DuVal & Cravens
Supreme Court of Arkansas
APPEAL from Sebastian Circuit Court in Chancery. Hon. J. L. Hendrick, Special Judge. We insist that appellees never had a lien on the property. The. suit they brought for appellant was not for the recovery of property, but simply to have title of appellant declared and quieted. We insist that the statute gives a lien only in cases for recovery, and that the suit appellees brought was not of that nature.
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APPEAL from Sebastian Circuit Court in Chancery. Hon. J. L. Hendrick, Special Judge. We insist that appellees never had a lien on the property. The. suit they brought for appellant was not for the recovery of property, but simply to have title of appellant declared and quieted. We insist that the statute gives a lien only in cases for recovery, and that the suit appellees brought was not of that nature. See Garner v. Garner, 1 Lea. {Term.), p. 29; Chapline v. Holmes, 27 Ark., p. ‡10. We further insist that the motions for change of venue and transfer to the common law docket should have been…
1Opinion of the CourtSmith, J.
In March, 1883, DuVal & Cravens filed their bill in equity against Hershy, alleging that he had, in 1878, employed them as solicitors to institute a certain suit, the object of which was to have Hershy’s title to an undivided one-sixth part of certain lands declared and quieted; that they had conducted the suit to a successful termination, having obtained a decree in favor of their client in the circuit court, which was by this court affirmed on appeal, (Striker v. Hershy, 38 Ark., 264); that the lands had been subsequently divided between the parties in interest, and Hershy’s share had been…
2Cases cited4 opinions
- Humphrey v. BrowningIllinois Supreme Court · 1868
- Smalley v. ClarkSupreme Court of Vermont · 1850
- Hinson v. GambleSupreme Court of Alabama · 1880
- Newbaker v. AlricksSupreme Court of Pennsylvania · 1836
3Cited by14 opinions
- Elliott v. OrtonSupreme Court of Oklahoma · 1918
- Morey v. SchusterAppellate Division of the Supreme Court of the State of New York · 1913
- Greenlee v. RowlandSupreme Court of Arkansas · 1908
- Greer v. FergusonSupreme Court of Arkansas · 1892
- Gibson v. BucknerSupreme Court of Arkansas · 1898
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