Pindall v. Trevor
Supreme Court of Arkansas
APPEAL from. Desha Circuit Court in Chancery. Hon. M. L. Stephenson, Circuit Judge. The sale of the land under Randolph's execution, whilst subject to the mortgage of Trevor & Colgate, was, at least, of very doubtful propriety. Kissem v. Nelson, 2 Heiskell's Rep., (Tenn.). Inadequacy of price should be of great weight to set aside execution sales. Cummings v. Little, C. E. Greene's Chan.
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APPEAL from. Desha Circuit Court in Chancery. Hon. M. L. Stephenson, Circuit Judge. The sale of the land under Randolph's execution, whilst subject to the mortgage of Trevor & Colgate, was, at least, of very doubtful propriety. Kissem v. Nelson, 2 Heiskell's Rep., (Tenn.). Inadequacy of price should be of great weight to set aside execution sales. Cummings v. Little, C. E. Greene's Chan. R. (N. J.), p. 51. This to be taken in connection with the excessive amount of the levy, and the fact that plaintiffs in the execution were purchasers. See Lessee of Allen v. Parish, 3 Ohio R; Lessee of State…
1Opinion of the Court
C. B. Moore, Sp. J.:
This was a suit brought on the chancery side of the Desha Circuit Court, to the fall term of 1867, by Wiggs and others, the heirs of Mrs. Maria L. Church, against Lafayette J. Carroll, Wm. R. Anderson, John A.. Klein, Carroll, Hoy & Co., Elihu Randolph, W. Warren Johnson and F. S. & F. G. Schlessinger, on original bill, and by Trevor & Colgate against the heirs of Mrs. Church, Randolph and others on cross bill.-
Complainants in the original bill allege that by an agreement in writing, dated January 1st, 1855, Wm. R. Amderson covenanted and promised with and to John A. Klein…
2Cases cited1 opinion
- Daniel v. Morrison'sCourt of Appeals of Kentucky · 1838
3Cited by18 opinions
- McWilliams v. Excelsior Coal Co.Court of Appeals for the Eighth Circuit · 1924
- Ogden v. OgdenSupreme Court of Arkansas · 1894
- Phillips v. JonesSupreme Court of Arkansas · 1906
- Choctaw, Oklahoma & Gulf Railroad v. DoughtySupreme Court of Arkansas · 1905
- Arkadelphia Lumber Co. v. ThorntonSupreme Court of Arkansas · 1907
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