Penn v. Tollison
Supreme Court of Arkansas
Appeal from Crittenden Circuit Court. How. L. H. Mangum, Special Judge. The infant appellant, Littleton Penn, was never properly notified of the original bill. The orders of publication were insufficient, as they neither showed what the lands were, nor what charge, was sought to be enforced against them.
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Appeal from Crittenden Circuit Court. How. L. H. Mangum, Special Judge. The infant appellant, Littleton Penn, was never properly notified of the original bill. The orders of publication were insufficient, as they neither showed what the lands were, nor what charge, was sought to be enforced against them. See Brodie v. Skelton, 11 Ark., 120; Clark v. Strong, IS ib., 191; Suffold v. Suffold, 11, ib , 108. However, these orders, such as'they were, do not appear to have been published. The plaintiff then endeavored to get service under the provisions of sections 17, 18, ch. 28, Gould’s Digest.…
1Opinion of the CourtMcGluRE, C. J.
This cause was before this court, at the October term, 1859, but the question then involved, is not at all similar to the one now presented. From an examination of the case, before presented, it appears that Mrs. Tollison filed her bill to enforce a vendor’s lien against certain lands in Crittenden county. In June, of 1856, she obtained a decree for $8,603 66, and the Planters’ Bank of Tennessee, a decree for $2,811 65, and the lands described in the bill were ordered sold, for cash, to satisfy these decrees.
On the first of September, 1856, the lands were offered for sale, and Mrs. Tollison…
2Cases cited3 opinions
- Thorington v. SmithSupreme Court of the United States · 1869
- United States v. HaywardU.S. Circuit Court for the District of Massachusetts · 1815
- Hawkins v. FilkinsSupreme Court of Arkansas · 1866
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