Stout v. Brown
Supreme Court of Arkansas
Appeal from Benton Circuit Court. It was error for the court to re-confirm the same sale which the judgment of the supreme court, in 64 Ark. 312) ordered it to set aside. The attachment lien became merged in the judgment lien, which was a specific lien. Waples, Att. 582, 583. This specific lien exists no longer than the court’s actual custody of the property.
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Appeal from Benton Circuit Court. It was error for the court to re-confirm the same sale which the judgment of the supreme court, in 64 Ark. 312) ordered it to set aside. The attachment lien became merged in the judgment lien, which was a specific lien. Waples, Att. 582, 583. This specific lien exists no longer than the court’s actual custody of the property. Waples, Att. 279, 280, 298; Waples, Proc. in Rem. §§ 611, 612. The court loses control of the property upon its being taken beyond its jurisdiction. Waples, Att. 312, 313. The officer had no power to turn over the property to the…
1Opinion of the CourtBattle, J.
This is the second time this cause has been before this court on appeal. The opinion delivered when it washere the firsttime is reported in 64 Ark. 312 (Stout v. Brown). The facts, as stated in that opinion, are as follows: “ W. W. Brown brought suit against J. P. Sewell and C. R. Stout, and attached certain lots, also 48,000 feet of lumber. Upon a trial against Stout, judgment was rendered for the sum of $1,401.71, the attachment was sustained, and the property attached ordered to be sold. Afterwards the sheriff sold the property attached, and reported the sale to the circuit court. The…
2Cases cited5 opinions
- Atkins v. SwopeSupreme Court of Arkansas · 1882
- Cross v. FombeySupreme Court of Arkansas · 1891
- Hill v. DraperSupreme Court of Arkansas · 1896
- Cunningham v. BurkSupreme Court of Arkansas · 1885
- Stout v. BrownSupreme Court of Arkansas · 1897
3Cited by1 opinion
- Dodson v. ButlerSupreme Court of Arkansas · 1912