Reed v. First National Bank
Supreme Court of Arkansas
Appeal from Clay Chancery Court, Western District; Archer Wheatley, Chancellor; It was error to render a personal judgment against appellant, as no liability is shown by the evidence or alleged in the complaint that he owed any part of the consideration for the property. 73 Ark. 221. The complaint states no cause of action against Reed, the appellant. 8 Ark. 456; lb. 484 ; 25 Id. 570; 66 Id. 113; 74 Id. 468; 89 Id. 117; 107 Id. 353.
1Opinion of the Court
McCulloch;, C. J.
' Appellee instituted this action in the chancery court of Clay County (Western District) against appellant and one Brown to foreclose a lien on certain real estate for the purchase price. It was alleged in the complaint that J. E. Matthews sold the real estate in question to Brown and that Brown executed to Matthews the promissory notes in suit, which were assigned to appellee by Matthews. The only reference in the complaint to appellant was as follows:
“That plaintiff understands that the defendant, Ernest Reed, is claiming some interest or claim on said lot.”
The notes were…
2Cited by2 opinions
- Dixon v. StateSupreme Court of Arkansas · 1934
- Johnson v. SwansonSupreme Court of Arkansas · 1945