Ward v. Derrick
Supreme Court of Arkansas
Appeal from Dee Circuit Court in Chancery. Grant Green, Jr., Judge. I. The allegations of the complaint make a case of fraud — and certainly a case of mutual mistake — entitling appellants to relief in equity. 13 Ark. 129 ; 15 Ark. 489; 11 Sup. Ct. Rep. 972; 17 Ark. 512; 48 Ark, 535. 2. Appellants are not cut off by sec. 4932, Mansf. Dig.
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Appeal from Dee Circuit Court in Chancery. Grant Green, Jr., Judge. I. The allegations of the complaint make a case of fraud — and certainly a case of mutual mistake — entitling appellants to relief in equity. 13 Ark. 129 ; 15 Ark. 489; 11 Sup. Ct. Rep. 972; 17 Ark. 512; 48 Ark, 535. 2. Appellants are not cut off by sec. 4932, Mansf. Dig. They did not know of their predicament until about the close of the term, and until after judgments were rendered; and further the section should only be binding on those who have a right to defend and are required to do so under the rules of pleading. The…
1Opinion of the CourtHughes, J.
This is an appeal from a decree sustaining a demurrer to a complaint in equity. The complaint Sets out that the plaintiffs had applied to the circuit court, on the law side, to set aside certain judgments rendered against them upon a bond executed to discharge attachments levied upon property of J. C. Ward, a part of which had been claimed by L. Ward upon an interplea, who had given an interpleader’s bond for the same; that their application was made at the term of the court when the judgments were rendered ; that the defense they proposed to make against the bond was “ non est factiim,”…
2Cited by9 opinions
- Dunbar v. BourlandSupreme Court of Arkansas · 1908
- Church v. GallicSupreme Court of Arkansas · 1905
- Livingston v. New England Mortgage Security Co.Supreme Court of Arkansas · 1906
- Bernhard v. Idaho Bank & Trust Co.Idaho Supreme Court · 1912
- Arkansas Power Light Company v. Liebe, Admx.Supreme Court of Arkansas · 1940
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