Legal Opinion

Patton v. Walcott

Supreme Court of Arkansas

Decided July 15, 1842PublishedCited by 2 opinions

- This was a judgment obtained by mere motion, on a delivery bond, in the Chicot Circuit Court, in December, 1841, before the Hon. William K. Sebastian, one of the circuit judges. The bond was given for the delivery of negroes.

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- This was a judgment obtained by mere motion, on a delivery bond, in the Chicot Circuit Court, in December, 1841, before the Hon. William K. Sebastian, one of the circuit judges. The bond was given for the delivery of negroes. The judgment in this case was rendered, on summary motion, on a forfeited delivery bond, under the 40th and 41sf sections of the Revised Statutes, title “Execution.,” p. 380. The 39th, -list, 42d, and 45th sections of the law of executions, were repealed bv the act of 3d December, 1840. The repeal of the 41st section virtually took away the power of the court to act or…

1Opinion of the Court

By the Court,

Dickinson, J.

The statute {Rev. Code, sec. 37, 38,' Chap. 60,) authorizes the defendant, when a levy is made upon his property by execution, to “ retain possession until the day of sale, -by giving bond, in favor of the plaintiff, with sufficient security, to be approved by the officer, in double the value of such property, conditioned for the delivering of the property to the officer at the time and place of sale, to be named in such condition; and that, if the property be not delivered according to the condition of the bond, the levy shall remain a lien upon the property taken…

2Cited by2 opinions

  1. Hawkins v. NunnellySupreme Court of Arkansas · 1845
  2. McLain v. IrwinSupreme Court of Arkansas · 1845

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