Crawley v. Neal
Supreme Court of Arkansas
Appeal from Sebastian Chancery Court, Ft. Smith District; J. V. Bourlamd, Chancellor; 1. The return of the officer in an action to vacate a judgment, as also a recital in the record of due service, is only prima facie evidence of service, and may be overcome by proof, the burden resting on the plaintiff in the action to vacate. 32 Cyc. 514; 102 Ark. 252; 63 Id. 513; Id. 323; 72 Id. 265; 138 Id. 403. Appellant has met this burden.
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Appeal from Sebastian Chancery Court, Ft. Smith District; J. V. Bourlamd, Chancellor; 1. The return of the officer in an action to vacate a judgment, as also a recital in the record of due service, is only prima facie evidence of service, and may be overcome by proof, the burden resting on the plaintiff in the action to vacate. 32 Cyc. 514; 102 Ark. 252; 63 Id. 513; Id. 323; 72 Id. 265; 138 Id. 403. Appellant has met this burden. The wife was competent to testify touching' the question of substituted service upon her for her husband. C. & M. Dig., § 4146; 32 Cyc. 461, 462; 39 Ark. 182. 2. A…
1Opinion of the CourtWood, J.
On April 30, 1906, A. C. Crawley, a negro, residing at Fort Smith, Arkansas, borrowed $225 from the People’s Building & Loan Association of Fort Smith, and to secure the loan executed to the association a mortgage of even date on lot 2, block 58, in the city of Fort Smith. His wife, Annie, joined him in the mortgage, relinquishing her rights of dower and homestead. On October 18, 1909, Crawley borrowed from the association an additional sum of $750 and executed a second mortage on the same lot to secure that loan, in which his wife joined, relinquishing dower and homestead. Crawley also…
2Cases cited14 opinions
- American Employers' Liability Insurance v. FordyceSupreme Court of Arkansas · 1896
- Hunton v. EuperSupreme Court of Arkansas · 1896
- Sisk v. AlmonSupreme Court of Arkansas · 1879
- Thalheimer v. LockertSupreme Court of Arkansas · 1905
- Quigley v. HammondSupreme Court of Arkansas · 1912
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3Cited by11 opinions
- Horn v. HullSupreme Court of Arkansas · 1925
- Naill v. KirbySupreme Court of Arkansas · 1924
- Straughan v. BennettSupreme Court of Arkansas · 1922
- Morgan v. LeonSupreme Court of Arkansas · 1929
- Temple v. TobiasSupreme Court of Arkansas · 1933
6 more not listed; retrieve them via the Exa API.