Jansen v. Strayhorn
Supreme Court of Arkansas
Appeal from Logan Circuit Court. Hugh F. Thomason, Judge. 1. Strayhorn, having confessed judgment, could Aot. appeal. 24 Ark. 599 ; 6 Cal. 666; 22 111. 456; 5 Ind. 526 ; 23 Iowa, 547; 10 id. 592; 20 La. 137 ; 6 Houst. (Del-Sup.) 343; 29 Pac. 889. 2. It was error to sustain the demurrer to the amended interplea. It raised no issue as to the title to land. Before final disposition of the proceeds, any person may interplead. Mansf.
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Appeal from Logan Circuit Court. Hugh F. Thomason, Judge. 1. Strayhorn, having confessed judgment, could Aot. appeal. 24 Ark. 599 ; 6 Cal. 666; 22 111. 456; 5 Ind. 526 ; 23 Iowa, 547; 10 id. 592; 20 La. 137 ; 6 Houst. (Del-Sup.) 343; 29 Pac. 889. 2. It was error to sustain the demurrer to the amended interplea. It raised no issue as to the title to land. Before final disposition of the proceeds, any person may interplead. Mansf. Dig. sec. 356. 1. A judgment by confession is statutory. The judgment in this case, while sufficient in form perhaps (24 Ark. 599), does not follow the pre-requisites…
1Opinion of the CourtHughes, J.
The appellee sued out an attachment in a suit brought by him for rent of land, and had the order of attachment levied upon crops of corn and cotton of the defendants, J. S. Whitecotton, Willis Wise, John Whitecotton, and Ned Cravens. The appellee recovered judgment for $200. His attachment was sustained, and the property attached was ordered sold by the justice of the peace before whom the judgment was-rendered. The appellant, Jansen, before the sale, filed an interplea, and claimed the property by virtue of mortgages executed by J. S. Whitecotton, Ned Cravens, and Mary Wise. In his…
2Cases cited1 opinion
- Bramble v. BeidlerSupreme Court of Arkansas · 1881
3Cited by3 opinions
- Short v. KennedySupreme Court of Arkansas · 1931
- Minton v. MintonSupreme Court of Arkansas · 1906
- Short v. KennedySupreme Court of Arkansas · 1931