Arkansas Reports; Cases Determined in the Supreme Court of Arkansas Volume 29
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Arkansas Reports; Cases Determined in the Supreme Court of Arkansas Volume 29

Arkansas Reports; Cases Determined in the Supreme Court of Arkansas Volume 29


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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1876 edition. Excerpt: ...made the latter his vendee, and the note Hardeman gave Holman, for the purchase money, gave him a lien on the land for its payment against Hardeman or any one claiming under him who purchased with notice that the debt was unpaid. ' Holman, in his original bill, avers that Brewer had notice that his debt was unpaid at the time of his purchase and at the time of bringing suit. If this fact be true, the original decree in favor of Holman was right, if Brewer was served with process. But as Patterson does not aver to the contrary, that part on the demurrer to his bill should have been taken as true. The facts which he set up in his bill as the ground for review, that the note to Holman was not recorded and that himself and Noonan had no notice of the suit, were not sufiicient grounds to review. From the allegations of Holman's bill, he was entitled to a decree, even if he had no note for the purchase money, and Noonan and Patterson having purchased, pending the suit, are bound by it as fully as if they had been parties. The decree was not void on its face, and the new facts alleged in Patterson's bill were not sufficient in law.. Therefore the court erred in overruling Holinan's demurrer. For this error the decree of the J etferson circuit court is reversed, and the cause is remanded to said court with instructions to allow appellee to amend his bill, if he desires to do so, and proceed thereon in accordance with law and notinconsistent with this opinion. 1. PnmnrNe: Paragraphs in oomplaint and answer. The paragraphs in a code complaint take the place of counts in a common law declaration; and in an answer, they take the place of several pleas at common law. 2.--Demurrer to separate pa/ragraplu of an answer. Where, taking...


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Product Details
  • ISBN-13: 9781130585834
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 216
  • Spine Width: 12 mm
  • Width: 189 mm
  • ISBN-10: 1130585832
  • Publisher Date: 13 Sep 2013
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 395 gr


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