Davis v. Oswalt
Supreme Court of Arkansas
Appeal from the Circuit Court of Phillips county in Chancery. By the common law, and in those States where the common law is in force and not changed by statute, “ The lien of an execution bears date from the teste of the writ, and although an execution is not, in reality, issued until after the death of the defendant, yet if it is issued and properly tested, as of a day previous to the death of the defendant, it is presumed to have been issued on the day of its teste, and…
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Appeal from the Circuit Court of Phillips county in Chancery. By the common law, and in those States where the common law is in force and not changed by statute, “ The lien of an execution bears date from the teste of the writ, and although an execution is not, in reality, issued until after the death of the defendant, yet if it is issued and properly tested, as of a day previous to the death of the defendant, it is presumed to have been issued on the day of its teste, and by relation dates from that day, and by relation it can be executed by levy upon the personal property of the defendant,…
1Opinion of the CourtChief Justice English
This was a petition to quash an execution, etc., determined on the chancery side of the Circuit Court of Phillips county, at the November term, 1855. The petition was filed by Wm. T. Oswalt as executor of Levisa Dobbins, deceased, stating, substantially, the following facts:
On the 8th of September, 1855, George Davis recovered, in said Court, a decree against "Levisa Dobbins and her husband, Wilson D. Dobbins, for $1,242, with interest from 24th Nov’r, 1853, and costs. By the terms of the decree it was ordered, adjudged and decreed by the Court, that the amount thereof should be made out of,…
2Cases cited6 opinions
- Conkrite v. Hart & Co.Texas Supreme Court · 1853
- Grosvenor v. GoldMassachusetts Supreme Judicial Court · 1812
- Speer v. SampleSupreme Court of Pennsylvania · 1835
- Stymets v. BrookNew York Supreme Court · 1833
- Sweringen v. Administrator of EberiusSupreme Court of Missouri · 1842
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Dobbins v. OswaltSupreme Court of Arkansas · 1859
- Gossett v. KentSupreme Court of Arkansas · 1858
- Holt v. LaurensSupreme Court of Georgia · 1941