Stout v. Brown
Supreme Court of Arkansas
Appeal from Benton Circuit Court. Edward S. McDaniel, Judge. Tbe court in its order of sale should fix the time, terms and place of sale for attached property, and also specify the length and manner, of giving of the notice for same. Sand. & H. Dig., § 366. The return of the officer should show that the sale of the lots and lumber was advertised, as required by statute, lb. § 4685.
1DissentBunn, C. J.
Two questions only have given serious concern to the court in the consideration of this case.
The first is: The court having, in a general way, rendered judgment in attachment for the plaintiff, and ordered the attached property sold, and having failed in its order to give specific directions as to the notice, time, terms and place of the sale, as required by section 336 of Sandels & Hill’s Digest, was it proper for the clerk afterwards to issue a special execution—a writ of venditioni exponas—and for the sheriff to sell the property thereunder?
I have been unable to find a satisfactory case on…
2Cases cited2 opinions
- Little Rock v. QuindleySupreme Court of Arkansas · 1896
- Cotton v. AtkinsonSupreme Court of Arkansas · 1890