Shelton v. Lewis
Supreme Court of Arkansas
APPEAL J’’ROM CRITTENDEN CIRCUIT COURT. The question in this ease is, as to the rights of prior and subsequent incumbrancers to have satisfaction out of the land, according to their priorities. The rule of law which governs this question is laid down in the following authorities : 2 Story’s JEq. Juris. See. 837; Berry vs. Mat. Ins. Co., 2 John. C. JR., 607, 611; JHJaines vs. Beach, 3 John.
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APPEAL J’’ROM CRITTENDEN CIRCUIT COURT. The question in this ease is, as to the rights of prior and subsequent incumbrancers to have satisfaction out of the land, according to their priorities. The rule of law which governs this question is laid down in the following authorities : 2 Story’s JEq. Juris. See. 837; Berry vs. Mat. Ins. Co., 2 John. C. JR., 607, 611; JHJaines vs. Beach, 3 John. Ch. JR., 461-467; JDcws vs. Cornish, 20 Ark., 332 ; Biscoe vs. Tucker, 14 Ark., 515 ; Hannah vs. Carrington, 18 Ark., 86; Clark vs. Carroll, 18 Ark., 209. However numerous the encumbrances created on the…
1Opinion of the Court
W. I. Warwick, Special J.
In this case there appears to have been a multitude of original and cross bills, answers, exceptions, etc., and much testimony, and inasmuch as we concur in the findings of the court below, we give them here as statements of this case, viz :
“Complainants, Edward B. Lewis, Phoebe and Eliza E. Lewis are, and were at the commencement of this suit, the sole remaining heirs at law of Jacob A. Lewis, deceased; that as such they and their late brother, Pearce A. Lewis, and their late sister, inherited a considerable estate, in money and slaves, from their said father and…
2Cases cited4 opinions
- Shirras & Others v. Caig & MitchelSupreme Court of the United States · 1812
- Vattier v. HindeSupreme Court of the United States · 1833
- Hallett v. CollinsSupreme Court of the United States · 1850
- Catlin v. UnderhillU.S. Circuit Court for the District of Indiana · 1847
3Cited by2 opinions
- Nelson v. WoodSupreme Court of Arkansas · 1940
- Peoples Mutual Hospital Ass'n v. BennettSupreme Court of Arkansas · 1954