Baxter County Bank v. Davis
Supreme Court of Arkansas
Appeal from Boone Chancery Court; Sam Williams, Special Chancellor; The bank acquired its lien and right before the sale of the land under the decree and the proceeding to enforce the attorney’s lien was void not voidable. 59 Ark. 1; 37 Cal. 183; 5 Johns. Ch. 555; 9 Foster 533; 6 Wis. 645; 12 Otto (U. S.) 148-161; 8 Kans. 122; 66 Ark. 121; 112 Id. 514; 59 Id. 139; 55 Id. 139. There was no recovery by the attorneys and they had no lien under the Acts of Arkansas.
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Appeal from Boone Chancery Court; Sam Williams, Special Chancellor; The bank acquired its lien and right before the sale of the land under the decree and the proceeding to enforce the attorney’s lien was void not voidable. 59 Ark. 1; 37 Cal. 183; 5 Johns. Ch. 555; 9 Foster 533; 6 Wis. 645; 12 Otto (U. S.) 148-161; 8 Kans. 122; 66 Ark. 121; 112 Id. 514; 59 Id. 139; 55 Id. 139. There was no recovery by the attorneys and they had no lien under the Acts of Arkansas. A void judgment confers no rights. Kirby & Castle’s Digest, § 5153; 3 Kans. 150-1. No notice was served in the suit and the…
1Opinion of the CourtMcCULLOCH, C. J.
The tract of land in controversy, situated in Baxter County, was originally owned by one Furrow, who by deed duly executed conveyed it to one Manspeaker. Subsequently Furrow instituted an action in the chancery court of Baxter County against Manspeaker to cancel the deed on the ground that it was procured by fraud, and during the pendency of that suit Furrow conveyed the land to one Dow who, in turn mortgaged it to appellant Baxter County Bank. A decree was rendered in favor of Furrow in the suit against Man-speaker, canceling the conveyance to the latter on the ground of fraud, and Furrow’s…
2Cases cited4 opinions
- State v. HillSupreme Court of Arkansas · 1887
- St. Louis, Iron Mountain & Southern Railway Co. v. Hays & WardSupreme Court of Arkansas · 1917
- Hershy v. DuVal & CravensSupreme Court of Arkansas · 1885
- McDonald v. NortonSupreme Court of Arkansas · 1916
3Cited by5 opinions
- Booram v. DayIndiana Supreme Court · 1940
- Northwest Arkansas Recovery, Inc. v. DavisCourt of Appeals of Arkansas · 2004
- Williams v. HallCourt of Appeals of Arkansas · 2007
- Winfrey v. People's Savings BankSupreme Court of Arkansas · 1928
- Baskin v. Mosaic Templars of AmericaSupreme Court of Arkansas · 1928