Arkansas Reports; Cases Determined in the Supreme Court of Arkansas Volume 31

Arkansas Reports; Cases Determined in the Supreme Court of Arkansas Volume 31

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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. 1877 edition. Excerpt: ...cause it to be levied on his lands, thereby fixing a specific lien upon them, which might be enforced by sale, after his death, and that the senior judgment creditors would have to resort to probate of their judgments, and take the chances of getting them paid out of the general assets of the deceased debtor in the hands of his administrator, etc. In other word.-J, that a junior general lien creditor might, by such diligence, acquire a preference over senior general lien creditors. That is true, but it would result from the neglect of the senior judgment creditors to sue out executions, and cause them to be levied in the life of the debtor, and it is an old maxim that the law favors the diligent. Sn it might happen that several executions might come to the hands of a sheritf at earlier and later dates, constituting senior and junior general liens on the goods of a debtor, accordingto the dates of their delivery _to the oflicer, and the junior execution creditor might procure a levy to be made on goods of the debtor before his death, which he certainly could enforce by sale after his death, while the senior execution creditors, though they might hold the sherifi' responsible for neglecting to levy their executions, would have to resort to the general assets of the deceased debtor, through the Probate Court, for payment of their judgments. We have been able to find no case where it has been adjudged that a specific lien fixed upon land or goods, by the levy of an execution, in the life of the debtor, is displaced and destroyed by the death of the debtor, and may not, in some mode, be enforced after his death, unless it is lost by the laches of the creditor. In Bently et al. v. Cummins, 9 Ark., 487, and in Adams et al. v. Cummins, more

Product details

  • Paperback | 242 pages
  • 189 x 246 x 13mm | 440g
  • United States
  • English
  • black & white illustrations
  • 1236847458
  • 9781236847454