Brown v. Peoples Bank
Supreme Court of Arkansas
Appeal from White Chancery Court; John E. Martineau, Chancellor; 1. It was error to consolidate the two actions. The bank had no right to intervene. Mrs. Brown was not a party; she was only a purchaser. 8 Cyc. 591; lb. 594; 65 Ark. 216. 2. The motion to strike the exceptions should have been granted.
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Appeal from White Chancery Court; John E. Martineau, Chancellor; 1. It was error to consolidate the two actions. The bank had no right to intervene. Mrs. Brown was not a party; she was only a purchaser. 8 Cyc. 591; lb. 594; 65 Ark. 216. 2. The motion to strike the exceptions should have been granted. The bank could not intervene. 97 Ark. 480'; 119 Id. 238. 3. The receipt from Brown for the purchase money should have been accepted and the sale .confirmed without a lien on the land. The bank had a right to intervene. The receipt could not be accepted on the bid. By filing’ a demurrer appellants…
1Opinion of the CourtSmith, J.
Prior to the institution of this suit, the Peoples Bank obtained a judgment against H. L. Brown for the sum of $4,500.00, in the White circuit court. In a different proceeding in the chancery court, Brown had foreclosed a mortgage held by him upon certain lands belonging to J. S. Yarnell. The lands were sold by the commissioner appointed for that purpose, and C. B. Brown, wife of H. L. Brown, through her .attorney, bid the lands in for the sum of $600.00 and received a certificate of purchase. The commissioner reported the sale to the succeeding term of the court and exceptions thereto were…
2Cited by1 opinion
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