Legal Opinion

Stevenson v. Gault

Supreme Court of Arkansas

Decided November 26, 1917PublishedCited by 14 opinions

Appeal from Yell Chancery Court, Dardanelle District; Jordan Sellers, Chancellor; 1. A judicial sale will not be set aside for mere inadequacy of price, if otherwise fair. 16 R. C. L., § 70; 86 Ark. 255; 65 Id. 152; 66 Id. 493; 77 Id. 216, etc. Here the bid was in good faith and no fraud, mistake nor unfairness was shown. 20 Ark. 381-409; 123 Id. 523; 111 Id. 158; 108 Id. 366; 44 Id. 502; 56 Id. 240. Appellant was a bona fide purchaser.

1Opinion of the CourtHart, J.

This is a bill in equity filed by J. L. Gault and Jane Gault to dissolve the partnership of J. L. Gault & Company and to wind up its business.

The complaint states that the firm owned large bodies of lands which were mortgaged to secure its debts and J. L. Gault and Jane Gault owned lands as tenants in common and that J. L. Gault had mortgaged his interest in said lands tó secure the firm’s creditors. All the creditors of the firm, both those who were secured by mortgages and those whose debts were unsecured were made parties to the action.

A decree was entered ordering the sale of the lands.…

2Cases cited4 opinions

  1. Graffam v. BurgessSupreme Court of the United States · 1886
  2. George v. NorwoodSupreme Court of Arkansas · 1905
  3. Gleason v. BooneSupreme Court of Arkansas · 1916
  4. Wells v. LenoxSupreme Court of Arkansas · 1912

3Cited by14 opinions

  1. Looper v. Madison Guaranty Savings & Loan Ass'nSupreme Court of Arkansas · 1987
  2. Keirs v. Mt. Comfort Enterprises, Inc.Supreme Court of Arkansas · 1979
  3. Moore v. McJudkinsSupreme Court of Arkansas · 1918
  4. Mulkey v. WhiteSupreme Court of Arkansas · 1951
  5. Chapin v. QuisenberrySupreme Court of Arkansas · 1919

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