Johnson v. Berg
Supreme Court of Arkansas
Appeal from Clay Circuit Court, Western District; R. H. Dudley, Judge; STATEMENT OF FACTS. This is the second appeal in this case. Clara Berg sued W. A. Johnson in the circuit court to recover a tract of land in Clay County, Arkansas. On motion of the defendant the cause was transferred to the chancery court, and a final decree was entered in favor of the defendant, Johnson.
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Appeal from Clay Circuit Court, Western District; R. H. Dudley, Judge; STATEMENT OF FACTS. This is the second appeal in this case. Clara Berg sued W. A. Johnson in the circuit court to recover a tract of land in Clay County, Arkansas. On motion of the defendant the cause was transferred to the chancery court, and a final decree was entered in favor of the defendant, Johnson. Upon appeal, this court reversed the decree on the ground that the case was improperly transferred to the chancery court. One of the grounds relied upon to sustain the transfer to equity was that there was a defect in the…
1Opinion of the CourtHart, J.
(after stating the facts). Counsel for the defendant assign as error the ruling of the court in excluding the offered testimony of Daniel and Hopson from the jury.
In Hightower v. Hamlin, 27 Ark. 20, the court held that the sale of real estate under an execution after the return day is without authority and void.
Counsel for the defendant claim that the testimony of Daniel and Hopson tends to show that the execution sale under which the plaintiff claims was had after the return day of the writ of execution. The record shows that the execution was returnable on the 21st day of June, 1877. They…
2Cases cited1 opinion
- Hightower v. Handlin & VenneysSupreme Court of Arkansas · 1871
3Cited by2 opinions
- Rice v. MoudySupreme Court of Arkansas · 1950
- Rouw v. ArtsSupreme Court of Arkansas · 1927