Fulbright v. Morton
Supreme Court of Arkansas
Appeal from 'Washington Circuit Court; J. 8. Maples, Judge; 1. Thére was no personal decree against Stuckey and hence the ven eao was irregular and there was no sale. A personal judgment was withheld until after the sale of the pledged stock.
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Appeal from 'Washington Circuit Court; J. 8. Maples, Judge; 1. Thére was no personal decree against Stuckey and hence the ven eao was irregular and there was no sale. A personal judgment was withheld until after the sale of the pledged stock. The decree should be construed so as to give effect to all of its language, according to its plain obvious and common sense. 9 Ark. 270; 24 Id. 286; Goolsby v. Fwlbright, ms. op.; 46 Iowa 49; 24 S. E. 114; 4 Munf. 262. 2. Tbe sale was never perfected. Tbe law was not complied with. The sale should have been for cash. Kirby’s Digest, § § 3281, 3279. The…
1Opinion of the Court
McCULLOCH, C. J.(1) The Arkansas National Bank, a banking corporation engaged in business at Fayetteville, Arkansas, appellant Fulbright being president and managing officer, sued W. L. Stuckey in the chancery court of Washington County, and a decree was rendered in its favor against Stuckey for recovery of a debt due on contract. The Mcllroy Banking Company, another hanking corporation, was made party defendant in the action for the purpose of compelling the latter to foreclose its lien on certain property pledged by Stuckey so that the surplus proceeds could be applied on the debt due from…
2Cases cited7 opinions
- Armstrong v. VromanSupreme Court of Minnesota · 1866
- Dawson v. William D. Miller's Adm'rTexas Supreme Court · 1857
- Arkansas National Bank v. StuckeySupreme Court of Arkansas · 1915
- State v. LawsonSupreme Court of Arkansas · 1848
- Newton v. State BankSupreme Court of Arkansas · 1848
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Redding & Company, Inc. v. Russwine Construction CorporationCourt of Appeals for the D.C. Circuit · 1969
- Smith v. SpradlinSupreme Court of Arkansas · 1918
- Maxwell v. MitchellSupreme Court of Arkansas · 1932