Cornish v. Keesee
Supreme Court of Arkansas
Appeal from Union Circuit Couit in Chancery. Hon. A. A. Stith, Circuit Judge. contended that the court in rendering the decree sought to be reviewed, manifestly erred in perpetually enjoining all proceedings in the replevin sui^ after deciding that the claim of Sims to the negro was fraudulent — and that the proceedings in this case to review and correct the error in the original decree are consistent with the general principles laid down in 3 Danl.
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Appeal from Union Circuit Couit in Chancery. Hon. A. A. Stith, Circuit Judge. contended that the court in rendering the decree sought to be reviewed, manifestly erred in perpetually enjoining all proceedings in the replevin sui^ after deciding that the claim of Sims to the negro was fraudulent — and that the proceedings in this case to review and correct the error in the original decree are consistent with the general principles laid down in 3 Danl. Ch. Pr. 1723 to 1741; Story Eq. PI. secs. 403 to 425. contended that a bill of review lies only for a party against whom there is a decree (2…
1Opinion of the CourtJustice Fairchild
In April, 1853, Cornish, the plaintiff below, and appellant here, became administrator of the goods, etc., of John H. Hines, and as such had possession of a slave called Catren, or Catherine. This slave was replevied by George W. Simms, who, with Gideon Keessee as his security, executed a sufficient replevin bond. Rhoda Hines, the widow of John H. Hines, also sued Cornish in an action of trover for the value of the slave, claiming it as her separate property.
Upon the execution of the writ of replevin, Simms took the negro out of the State. Mrs. Hines then filed her bill on the chancery side…
2Cases cited2 opinions
- WHITING v. the Bank of the United StatesSupreme Court of the United States · 1839
- Cornish v. KeeseeSupreme Court of Arkansas · 1856
3Cited by3 opinions
- Collie v. CollieSupreme Court of Arkansas · 1967
- Long v. LongSupreme Court of Arkansas · 1912
- Barnes v. Pearson Termite & Pest Control, Inc.Supreme Court of Arkansas · 1979