Evans v. Parrott
Supreme Court of Arkansas
Appeal from, St. Francis Circuit Court. IIon. William Story, Circuit Judge. We submit that it is not necessary to obtain leave of the court, before a bill of review for error of law apparent on the face of the decree, is filed. ' Sec 405, Story’s Com. Eq. (4 ed.) “It may be brought upon error of law appearing in the body of the decree itself. A bill, of this nature maybe brought without the leave of the court previously given.”
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Appeal from, St. Francis Circuit Court. IIon. William Story, Circuit Judge. We submit that it is not necessary to obtain leave of the court, before a bill of review for error of law apparent on the face of the decree, is filed. ' Sec 405, Story’s Com. Eq. (4 ed.) “It may be brought upon error of law appearing in the body of the decree itself. A bill, of this nature maybe brought without the leave of the court previously given.” Willford Ch’y Pl’d (6th Ed) 102, and note citing, Webb v. Pell, 1 Page’s Ch. R. 564.;. Edmondson v. Manley’s heirs, 4. J. L Marsh, 500; Blight v. Mcllvay 4 Monroe,…
1Opinion of the CourtHarrison, J.
The appellant exhibited his bill of complaint in the St. Erancis circuit court, against the administrator and heirs of James P. Nimmo, deceased, and George B. Hotchkiss, in which he set up a vendor’s lien, reserved in the deed of conveyance, upon a tract of land of which the said James P. Nimmo died seized, purchased by him from one George W. Seaborn, the guardian of the said George B. Hotchkiss, then a minor, and a right to be subrogated for the vendor thereto, on account of having, as the security of said Nimmo, whose estate was insolvent, paid the obligations given for a portion of the…
2Cited by5 opinions
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- Wardlow v. McGheeSupreme Court of Arkansas · 1933