Lilly v. Verser
Supreme Court of Arkansas
Appeal from Lonoke Chancery Court; John E. Marimecm, Chancellor; 1. The judgment was final .and conclusive, the term had lapsed, there was no appeal and it was error to set it aside at a subsequent term. 113 Ark. 237; 98 Id. 234; 89 Id. 160; 52 Id. 316; 6 Id. 92; Kirby’s.
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Appeal from Lonoke Chancery Court; John E. Marimecm, Chancellor; 1. The judgment was final .and conclusive, the term had lapsed, there was no appeal and it was error to set it aside at a subsequent term. 113 Ark. 237; 98 Id. 234; 89 Id. 160; 52 Id. 316; 6 Id. 92; Kirby’s. Digest, § § 4451, 4437. 2. Consent can not give jurisdiction. 90 Ark. 195; 33 Id. 106; 27 Id. 216; 14 Id. 203; 6 Id. 282; 5 1 d. 23; 2 Id. 66. 3. There was no accord and satisfaction. 1 C. J. 523, 528. There was no consideration for one. See also 1 O. J. 580, § 143; 5 East 230, 539, § 40-41; 2 Ark. 209; 33 Id. 572; 55 Id.…
1Opinion of the CourtHumphreys, J.
On January 17, 1913, John Cox & Son, who were merchants, had a settlement with N. E. Yeriser, who was one of their customers. N. E. Yerser owed Cox $2,214, for which he gave his note, and he, together with Josie Yerser and E. E. Yerser, executed two mortgages to secure the indebtedness and future advances. One mortgage covered Verser’s chattels and. the other his equity in 200' acres of land. There was a prior mortgage for $3,500 on said lands. The land mortgage was executed to L. B. Berry, trustee for John Cox & Son. The business of John Cox & Son was managed by O. E. Griffin. In the fall of…
2Cases cited2 opinions
- Dreyfus v. RobertsSupreme Court of Arkansas · 1905
- Lamberton v. HarrisSupreme Court of Arkansas · 1914
3Cited by6 opinions
- Morrow Development Corp. v. American Bank & Trust Co.Supreme Court of Oklahoma · 1994
- Brem v. United States Fidelity and Guaranty Co.District of Columbia Court of Appeals · 1965
- Hinton v. WillardSupreme Court of Arkansas · 1949
- Holland v. Farmers & Merchants BankCourt of Appeals of Arkansas · 1986
- Johnston & Larimer D. G. Co. v. HelfSupreme Court of Oklahoma · 1936
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