Hanna v. Morrow
Supreme Court of Arkansas
APPEAL from Washington Circuit Court in Chancery, Hon. A, B. Greenwood, Special Judge. 1. The complaint shows a good defense to the sale of the land. Hanna was mislead by the information received from, the clerk and prevented from defending. The clerk is the custodian of the records and papers. No copy of a complaint is served on a defendant. Appellant was guilty of no laches and entitled to relief. Pom. Eq. per.
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APPEAL from Washington Circuit Court in Chancery, Hon. A, B. Greenwood, Special Judge. 1. The complaint shows a good defense to the sale of the land. Hanna was mislead by the information received from, the clerk and prevented from defending. The clerk is the custodian of the records and papers. No copy of a complaint is served on a defendant. Appellant was guilty of no laches and entitled to relief. Pom. Eq. per. Sec. 856; 11 Ark., 448; 4 Gush., Miss., 341; 3 Robertson, 637; 7 Graneh, 335-6; 51 N. II, 385 ; 40 Id., 441; 14 111., 375; 22 Id., 161; 28 Id., 479; Story Eq. Jur., See., 110. . 2.…
1Opinion of the CourtSmith, J.
Hanna, in his bill for injunction, filed in 1880, alleged that Morrow had, in 1876, recovered a decree in Chancery against him for $222 and costs; that in 1877 an execution had been levied on one hundred and thirty acres of land, which constituted his homestead, and he had accordingly filed a schedule, claiming the land as exempt from execution and had procured a supersedeas to be issued; that afterwards Morrow had filed his petition to quash said supersedeas andj subject the land to the payment of his debt; that the said judgment debtor was duly summoned to answer this petition and bad…
2Cited by11 opinions
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