Judge v. Curtis
Supreme Court of Arkansas
Appeal from Chicot Chancery Court. Marcus L. Hawkins, Chancellor.- Suit by John Sabine Smith against J. J. Judge and F. P. Poston, trustees, and others. Plaintiff dying before decree, the suit was revived in the names of William E. Curtis and Alice C. Smith, his executors. From a decree in plaintiff’s favor defendants have appealed.
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Appeal from Chicot Chancery Court. Marcus L. Hawkins, Chancellor.- Suit by John Sabine Smith against J. J. Judge and F. P. Poston, trustees, and others. Plaintiff dying before decree, the suit was revived in the names of William E. Curtis and Alice C. Smith, his executors. From a decree in plaintiff’s favor defendants have appealed. The attachment was wrongfully issued, and the court erred in sustaining it. 40 Ark. 132; Sand. & H. Dig. § 325. An unrecorded deed must be proved by witnesses, to be good in evidence. 38 Ark. 181; 40 Ark. 237. Plaintiff’s remedy lay against the proceeds of the…
1Opinion of the CourtBunn, C. J.
This is a bill in equity to fix a landlord’s lien on proceeds of certain cotton, upon which plaintiff had a lien for rent, and to subject certain other property of Duffin Bros. & McGeehee, merchants of Memphis, Tennessee, in Arkansas, to the payment of the amount so adjudged, and for other purposes.
In January, 1898, John Sabine Smith, a citizen of New York, was and had been for some time the owner of a plantation in Chicot county, Arkansas, known as the “Florence Plantation,” and had rented the same for the year 1897 to W. J. Smith, of that county. At this time he again rented the plantation…
2Cases cited3 opinions
- Fuller v. DurenSupreme Court of Alabama · 1860
- Reavis v. BarnesSupreme Court of Arkansas · 1880
- O'Reer v. StrongIllinois Supreme Court · 1852
3Cited by16 opinions
- Cathey v. Missouri, Kansas & Texas Railway Co.Texas Supreme Court · 1911
- State ex rel. American Piano Co. v. Superior CourtWashington Supreme Court · 1919
- Murphy v. MyarSupreme Court of Arkansas · 1910
- J. T. Fargason Co. v. FurstCourt of Appeals for the Eighth Circuit · 1923
- International Trust Co. v. Palisade Light, Heat & Power Co.Supreme Court of Colorado · 1915
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