Surratt v. Young
Supreme Court of Arkansas
APPEAL from Sebastian Circuit Court, Fort Smith ■district. A debtor can maintain his claim to exemptions out of the proceeds of a sale of his property made by the sheriff upon request of creditors under an order of attachment, pending the litigation. The title was in the debtor until condemnation. The sale was only to preserve its value pending litigation, and if the attachments were dissolved the proceeds would be paid to the debtor.
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APPEAL from Sebastian Circuit Court, Fort Smith ■district. A debtor can maintain his claim to exemptions out of the proceeds of a sale of his property made by the sheriff upon request of creditors under an order of attachment, pending the litigation. The title was in the debtor until condemnation. The sale was only to preserve its value pending litigation, and if the attachments were dissolved the proceeds would be paid to the debtor. The money arising from the sale belongs to defendant until ordered paid over after attachment sustained. 55 Ark.,- 101; 47 Ark., 301; 44 id., 180. The exemption…
1Opinion of the CourtHughes, J.
The appellee sued out and had an attachment levied upon personal property which had, prior to the issuance of the attachment, been assigned by the appellant for the benefit of his creditors. Pending the attachment, in vacation, before the judge of the circuit court, the appellee presented a petition praying a sale of the property attached, representing that “it would be greatly to the interest and benefit of all parties to have the property so attached sold at .once.” The appellant indorsed on said petition his consent to the sale of the property as prayed for. The order of sale was made, and…
2Cited by4 opinions
- In re FalconerCourt of Appeals for the Eighth Circuit · 1901
- Duraclean Co. v. FoltzSupreme Court of Arkansas · 1966
- In re FalconerCourt of Appeals for the Eighth Circuit · 1901
- Wycoff v. Farmers' & Merchants' BankSupreme Court of Arkansas · 1925