Brodie v. Skelton
Supreme Court of Arkansas
Appeal from the Chancery side of the Washington Circuit Court. William Skelton filed a bill, in the Washington Circuit Court, Chancery side, against Lodowick Brodie, Reuben W. Reynolds, William McK. Ball, William Ledford, and William Barrington, alleging »hat, on the 7th of October, 1840, Reynolds executed a note to the Bank of the State for $1,567, with Brodie and complainant securities, payable 4th December thereafter.
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Appeal from the Chancery side of the Washington Circuit Court. William Skelton filed a bill, in the Washington Circuit Court, Chancery side, against Lodowick Brodie, Reuben W. Reynolds, William McK. Ball, William Ledford, and William Barrington, alleging »hat, on the 7th of October, 1840, Reynolds executed a note to the Bank of the State for $1,567, with Brodie and complainant securities, payable 4th December thereafter. That, on the same day, Reynolds, in order to save his said securities harmless, made a deed of trust to defendant Ball, conveying to him thereby the n.w. of the n.w. £ of…
1Opinion of the CourtChief Justice Johnson
The first error assigned relates to the sufficiency of the notice upon the defendants, Brodie, Ball and Reynolds. This assignment involves two distinct questions. The first respects the sufficiency of the order of publication itself; and the second, the proof going to show that it had been made in accordance with the statute.
The 13/A and 16th s-'c.nf ch. 28, Dig,provide that“Ifany complainant, or some person for him, shall file with his bill or petition an affidavit, that part, or all, of the defendants are non-residents of the State, the court, or clerk thereof in vacation, shall make an…
2Cases cited1 opinion
- Bank of Kentucky v. HickeyCourt of Appeals of Kentucky · 1823