Pearson v. Vance
Supreme Court of Arkansas
'Appeal from Jefferson Chancery Court; John M. Elliott, Chancellor; STATEMENT BY THE COURT. On June 11, 1894, May S. Vance executed seven promissory notes, aggregating $3,850, to W. R. Pearson, and, in order to secure the same, executed a deed of trust upon 32 feet off of the west side of lot one, block twenty-three, Old Town of Pine Bluff, together with the furniture in said house, to Lev. Fowler, as trustee for said Pearson.
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'Appeal from Jefferson Chancery Court; John M. Elliott, Chancellor; STATEMENT BY THE COURT. On June 11, 1894, May S. Vance executed seven promissory notes, aggregating $3,850, to W. R. Pearson, and, in order to secure the same, executed a deed of trust upon 32 feet off of the west side of lot one, block twenty-three, Old Town of Pine Bluff, together with the furniture in said house, to Lev. Fowler, as trustee for said Pearson. At the time she owed the balance purchase price, $800, for the real estate to Irby Boyd, and after the execution of his mortgage Pearson at her request paid off the…
1Opinion of the Court
Hart, J.,
(after stating the facts.) Nettie Walker and Wallace Vance moved the court to set aside the original decree in this case rendered on constructive service against them, and to admit them to defend. This they had a right to do upon giving bond for cost. Kirby’s Digest, § 6259. In the case of Porter v. Hanson, 36 Ark. 600, the court said: “They (meaning defendants constructively summoned) need not show merits as a condition precedent. They risk the costs, and are entitled to have the matter of merits determined on demurrer or evidence after the doors are opened. They have no right,…
2Cited by6 opinions
- Gleason v. BooneSupreme Court of Arkansas · 1916
- Martin v. GwynnSupreme Court of Arkansas · 1909
- Wright v. BurlisonSupreme Court of Arkansas · 1939
- Kilpatrick v. RowanSupreme Court of Arkansas · 1915
- West v. BurksSupreme Court of Arkansas · 1909
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