Smith v. Spradlin
Supreme Court of Arkansas
Appeal from Baxter Circuit Court; J. B. Baker, Judge; Statement oe Facts. This suit was instituted by the appellee against appellant in justice of the peace court to recover $93.25. The facts, as set forth in the complaint, are substantially as follows: R. S. Hurst, as sheriff of Baxter County, had in his hands an execution issued out of the circuit court in the case of J. T. Smith v. T. B. Hollis, and he levied the same upon certain lands in Baxter County and sold the same…
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Appeal from Baxter Circuit Court; J. B. Baker, Judge; Statement oe Facts. This suit was instituted by the appellee against appellant in justice of the peace court to recover $93.25. The facts, as set forth in the complaint, are substantially as follows: R. S. Hurst, as sheriff of Baxter County, had in his hands an execution issued out of the circuit court in the case of J. T. Smith v. T. B. Hollis, and he levied the same upon certain lands in Baxter County and sold the same at public sale on July 19,1915, and appellee was the purchaser at the sale. Before appellee paid the purchase money, he…
1Opinion of the Court
Wood, J.,
(after stating the facts). Section 3246 of Kirby’s Digest reads as follows: “If an officer who levies, or is required to levy, an execution upon personal property, doubts whether it is subject to execution, he may give to the plaintiff therein, or his agent or attorney, notice that an indemnifying bond i:s required.” Doubtless the sheriff required the execution of the bond under the supposed authority of the above statute, but the stat-' ute confers no such authority before the levy of an execution in his hands upon real property. The bond had no binding force against the appellant…
2Cases cited6 opinions
- Snider v. MartinSupreme Court of Arkansas · 1891
- Salem v. ColleySupreme Court of Arkansas · 1901
- Killough v. PayneSupreme Court of Arkansas · 1889
- Williams v. SkipwithSupreme Court of Arkansas · 1879
- Fulbright v. MortonSupreme Court of Arkansas · 1917
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Delfelder v. Teton Land & Investment Co.Wyoming Supreme Court · 1933
- Keith v. Drainage Dist. No. 7 of Poinsett CountySupreme Court of Arkansas · 1931
- Glenn v. Union Bank & Trust Co.Supreme Court of Arkansas · 1921