Cunningham v. Burk
Supreme Court of Arkansas
APPEAL from Fulton Circuit Court in Chancery. Hon. R. H. Powell, Circuit Judge. The fact that Bryant was dead when the execution was sued out does not render the sale void; at most it is only voidable. 10 Ark., 331; 33 Miss., 382; 23 Td., 382-396; 13 How., (U. S.) 283; 13 Md., 121; Rorer on Judgment Sales, Sec. 663; 18 Iowa, 333; 3 Green, (Iowa;) 383; Freeman on Judgments, Secs. 130, 133. When a specific lien is- created in the lifetime of the debtor, the creditor need not…
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APPEAL from Fulton Circuit Court in Chancery. Hon. R. H. Powell, Circuit Judge. The fact that Bryant was dead when the execution was sued out does not render the sale void; at most it is only voidable. 10 Ark., 331; 33 Miss., 382; 23 Td., 382-396; 13 How., (U. S.) 283; 13 Md., 121; Rorer on Judgment Sales, Sec. 663; 18 Iowa, 333; 3 Green, (Iowa;) 383; Freeman on Judgments, Secs. 130, 133. When a specific lien is- created in the lifetime of the debtor, the creditor need not resort to general assets or- go into the probate court to enforce his claim. 32 Ark., 306; 23 Id., 288; 28 Id., 306; 31…
1Opinion of the CourtSmith, J.
Cunningham brought unlawful detainer against Burk for the possession of certain lands. But as no change in the possession had taken place, he was allowed to convert the form of the action into an ejectment to try title. The answer set up an equitable defense and the cause was transferred to chancery. Here the defendant filed a cross-bill against the plaintiffs and others praying that his title and possession might be quieted.
At the hearing the court dismissed the complaint and entered a decree for Burk, upon his cross-bill; Cunningham alone has appealed, and the scope of our review is limited…
2Cases cited1 opinion
- Erwin's Lessee v. DundasSupreme Court of the United States · 1845
3Cited by3 opinions
- De Yampert v. ManleySupreme Court of Arkansas · 1917
- Foreman Brothers Banking Co. v. HandyMichigan Supreme Court · 1925
- Stout v. BrownSupreme Court of Arkansas · 1900