Freeman v. Watkins
Supreme Court of Arkansas
APPEAL from Carroll Circuit Court, Eastern District. M. R. Baker, Special Judge. Freeman brought this action against Watkins and Fancher upon a promissory note executed by them for the price of a town lot, sold by Freeman as Sheriff upon a credit of three months, and purchased by Watkins. The sale was made under an order of the Circuit Court, for the satisfaction of a judgment recovered in a suit in which the lot was attached, and the attachment sustained.
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APPEAL from Carroll Circuit Court, Eastern District. M. R. Baker, Special Judge. Freeman brought this action against Watkins and Fancher upon a promissory note executed by them for the price of a town lot, sold by Freeman as Sheriff upon a credit of three months, and purchased by Watkins. The sale was made under an order of the Circuit Court, for the satisfaction of a judgment recovered in a suit in which the lot was attached, and the attachment sustained. The judgment below was for the defendants, and the plaintiff appealed. Mansf. Dig., sec. 350, provides that the sale of attached property…
1Per curiam
attachment Sales. Attachment sales are, by the terms of the statute; subject to confirmation by the court. The contract of sale is not complete until the bid of the purchaser is accepted by the court, and until acceptance there cambe no enforcement of the contract by either party. The purchaser cannot, therefore, be compelled to comply with the terms of sale by payment of the purchase money, until his bid has been accepted by the court. Freeman on Ex., sec. 304; Bell v. Green, 38 Ark., 78; Greer v. Powell, 3 Met. (Ky.), 124.
There had been no confirmation in this case when the action to…
2Cited by3 opinions
- Kenady v. GilkeySupreme Court of Arkansas · 1906
- Quellmalz Lumber & Manufacturing Co. v. DaySupreme Court of Arkansas · 1918
- Snell v. CumminsSupreme Court of Arkansas · 1899