Legal Opinion

Trustees R. E. Bank v. Watson

Supreme Court of Arkansas

Decided January 15, 1852PublishedCited by 2 opinions

Appeal from Chancery side of Hempstead Circuit Court. This was a bill to foreclose a mortgage filed by Biscoe and others, Trustees of the Real Estate Bank, against Watson and Hubbard, in the Hempstead cucuit court. The material facts are, that on the 25th day of January, 1837, Henry Cheatham conveyed certain lands to his father for the joint uses of his father and mother during their lives, and with reversion to himself.

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Appeal from Chancery side of Hempstead Circuit Court. This was a bill to foreclose a mortgage filed by Biscoe and others, Trustees of the Real Estate Bank, against Watson and Hubbard, in the Hempstead cucuit court. The material facts are, that on the 25th day of January, 1837, Henry Cheatham conveyed certain lands to his father for the joint uses of his father and mother during their lives, and with reversion to himself. The father died in April, 1840, the mother in September 28th, 1845. On the 3d day of October, 1844, Henry Cheatham conveyed the same lands to the defendant, Watson, who, on…

1Opinion of the CourtChief Justice Johnson

The counsel for the appellants have submitted three distinct questions for our consideration and decision: First, is a judgment a lien on a reversion in real estate; 2d, does a judgment become a lien on after acquired lands; and 3d, is the lien of a judgment so continued by execution and levy, when the execution comes to hand before the lien expires, but the sale is after the lien expires, that the sale relates to the date of the judgment, or- does it only relate to the day when the execution came to' hand.

The 25th sec. of chap. 67, of the Digest, after enumerating a, great variety and…

2Cases cited4 opinions

  1. Burton v. SmithSupreme Court of the United States · 1839
  2. Whitney v. WhitneyMassachusetts Supreme Judicial Court · 1817
  3. Colhoun ex rel. Zank v. SniderSupreme Court of Pennsylvania · 1813
  4. Richter v. SelinSupreme Court of Pennsylvania · 1822

3Cited by2 opinions

  1. Board of Directors v. DunbarSupreme Court of Arkansas · 1913
  2. DeLoach Mill Manufacturing Co. v. BonnerSupreme Court of Arkansas · 1897

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