Legal Opinion

State National Bank v. Neel

Supreme Court of Arkansas

Decided March 29, 1890PublishedCited by 11 opinions

APPEAL from Jefferson Circuit Court in Chancery. John A. Williams, Judge. The order confirming the sale made March io, 1887, had become final and passed beyond the control of the court after the lapse of the term at which it was made. 33 Ark., 454; 35 Ark., 123; 23 Ark., 601. None of the grounds mentioned in sec. 3909, Mansf. Dig., are shown.

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APPEAL from Jefferson Circuit Court in Chancery. John A. Williams, Judge. The order confirming the sale made March io, 1887, had become final and passed beyond the control of the court after the lapse of the term at which it was made. 33 Ark., 454; 35 Ark., 123; 23 Ark., 601. None of the grounds mentioned in sec. 3909, Mansf. Dig., are shown. In all judicial sales the court is the vendor, and it has the right to reject or confirm the sale. 20 Ark., 652; 23 Ark., 39; 32 Ark., 391; 49 Ark., 67; Rorer, Jud. Sales (2d ed.), secs. 28, 106, and note 3. The order was final and could have been…

1Opinion of the CourtHughes, J.

In the suit of appellants, attaching creditors of C. M. Neel, John M. Clayton was appointed receiver and was ordered by the court to sell part of the property that came to his hands; and on the 14th of February, 1887, the receiver filed his report of. the sale. Exceptions were filed to his report of the sale of eighty-two mules, purchased by C. M. Neel, Jr., by the creditors, who alleged that the price at which they were bid off was inadequate, being an average of $63.72 per head, and they offered, if a re-sale should be ordered, to make them bring $90.00 per head. The court ordered that,…

2Cases cited1 opinion

  1. Kœhler v. BallSupreme Court of Kansas · 1863

3Cited by11 opinions

  1. Hazzard v. Westview Golf Club, Inc.Supreme Judicial Court of Maine · 1966
  2. Poff v. LockridgeSupreme Court of Oklahoma · 1908
  3. Leforce v. HaymesSupreme Court of Oklahoma · 1909
  4. Miller v. HenrySupreme Court of Arkansas · 1912
  5. Summars v. WilsonSupreme Court of Arkansas · 1943

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