Arkansas Reports; Cases Determined in the Supreme Court of Arkansas Volume 45

Arkansas Reports; Cases Determined in the Supreme Court of Arkansas Volume 45

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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. 1886 edition. Excerpt: ... JUDGMENT LIEN: Duration: Re: /iwar. The lien of a judgment upon real estate continues for three years from the rendilion of the judgment, subject to be revived by seirefaeias and judgment thereon. If the srire farias issues in the life of the lien the judgment of revivor continues the lien only for three yearaom the issuance of the writ, though the judgment be rendered more than three years afterward. APPEAL from Sebastian Circuit Court in Chancery. Hon. R. B. RUTHERFORD, Circuit Judge. At the time the judgment was rendered againt Latham, he was the owner of the property. Within three years, and while the lien was still in force, a seire faeias was sued out, and upon it was entered a judgment of revivor, relating back to tlze date Hf t/ze writ. In proceedings to revive, no notice is required to any one except the defendant. Against a proceeding to revive, and especially pending such a proceeding, the statute of limitation will not run. 10 Ark, 533; 11 Id., 480; 17 1d., 131; 23 Ark, 172. The failure of the clerk to index judgment could not prejudice Hershy's rights. 43 Ark, 145. Appellee was a co-tenant, and he could gain nothing by lapse of time, except upon distinct notice of adverse holding. 42 Ark, 289. lant's rights. He and Latham were co-tenants, and the statute did not run. Angell on Lz'm., 458-9, 464. It takes as strong possession to bar a co-tenant as to bar the rights between mortgagor and mortgagee. 43 Arh., 469. The facts stated in the complaint are not sufficient to give equity jurisdiction to enjoin. High on 1nj., Secs. 567 et seq.; b., 372, 378; 37 Ark, 643. As to the insufficiency of the facts as to the character of possession not being actual, see Wash. R. P., Vol. 3, pp. 12 3-4; 27 Ark, 92; 24 1d., 392; 30_ Id., more

Product details

  • Paperback | 178 pages
  • 189 x 246 x 10mm | 327g
  • United States
  • English
  • black & white illustrations
  • 1236925823
  • 9781236925824