Youngblood v. Cunningham
Supreme Court of Arkansas
APPEAL from Yell Circuit Court, in Chancery. Hon. W. W. Mansfield, Circuit Judge. 1. The special fi. fa. was void, being made returnable ■one hundred and fifty days instead of sixty, from its date. Sec. 2602, Gantts Dig.; Nash PI. and Pr., vol. 2, 1109, et seg. 2. It was void because the lands were sold in a body.
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APPEAL from Yell Circuit Court, in Chancery. Hon. W. W. Mansfield, Circuit Judge. 1. The special fi. fa. was void, being made returnable ■one hundred and fifty days instead of sixty, from its date. Sec. 2602, Gantts Dig.; Nash PI. and Pr., vol. 2, 1109, et seg. 2. It was void because the lands were sold in a body. Sec. 2681, Gantts, Dig. 3. The land should have been sold by a Master Commissioner, Nash PI. and Pr., vol 2, 1106 ; Gantts Dig., '997 to 999. The sale was not approved by the court. Gantts Dig., sec. 4788 ; Ky. Code, 504, noteb. 4. The sale was made by an acting deputy not legally…
1Opinion of the CourtEnglish, C. J.
On the seventh of November, 1872, Murdock & Kimball obtained a decree on the chancery side of the Circuit Court of Yell county, against James H. Youngblood, foreclosing a mortgage executed by him to them, upon lands, and directing a special execution to be issued to the sheriff for the sale of the lands, to satisfy the decree. An execution was issued as directed by the decree ; the lands were sold and purchased by Henry C. Cunningham and Robert Smiley, who took possession of the lands, and made valuable improvements upon them. The sale was made on the twenty-eighth of May, 1874, and on the…
2Cases cited1 opinion
- Wilson v. HustonCourt of Appeals of Kentucky · 1816
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