Gleason v. Boone
Supreme Court of Arkansas
Appeal from Arkansas Chancery Court; John M. Elliott, Chancellor; 1. Appellant literally complied with Kirby’s Digest, § 6259 and was entitled to relief. 85 Ark. 277. No personal service was had, he had no notice and no bond was filed as provided by section 6254, Kirby’s Digest. See also lb., § 4293; 74 Ark. 477. 2. The land was sold at ah inadequate price, at a sacrifice.
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Appeal from Arkansas Chancery Court; John M. Elliott, Chancellor; 1. Appellant literally complied with Kirby’s Digest, § 6259 and was entitled to relief. 85 Ark. 277. No personal service was had, he had no notice and no bond was filed as provided by section 6254, Kirby’s Digest. See also lb., § 4293; 74 Ark. 477. 2. The land was sold at ah inadequate price, at a sacrifice. Until confirmation the entire proceedings are in fieri and a redemption should have been allowed a nonresident defendant, without notice. This was a direct attack for want of proper service. • There was no error in refusing…
1Opinion of the CourtMcCulloch, C. J.
The plaintiff, Mrs. Poynter, instituted an action in the chancery court of Arkansas County to foreclose a mortgage on real estate executed by L. J. Miller and his wife, Irene Miller. The amount of the original mortgagé debt was $400, and with interest accrued up to the date of the decree amounted to $526.91. The action was against L. J. Miller and his wife and certain junior lienors, and against appellant, John C. Gleason, who was a subsequent purchaser from Miller. Appellant was a nonresident of the State and was duly summoned by publication of a warning order, an affidavit and proof of his…
2Cases cited4 opinions
- George v. NorwoodSupreme Court of Arkansas · 1905
- Pearson v. VanceSupreme Court of Arkansas · 1908
- Carpenter v. ZarbuckSupreme Court of Arkansas · 1905
- West v. BurksSupreme Court of Arkansas · 1909
3Cited by14 opinions
- Horn v. HullSupreme Court of Arkansas · 1925
- Stevenson v. GaultSupreme Court of Arkansas · 1917
- Hunt v. BoyceSupreme Court of Arkansas · 1928
- American Investment Co. v. GleasonSupreme Court of Arkansas · 1930
- Marten v. JirkovskySupreme Court of Arkansas · 1927
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