Russell v. Williamson

• Decision Date: 28 October 1899
• Citation: 53 S.W. 561
• Parties: RUSSELL et al. v. WILLIAMSON et al.
• Court: Arkansas Supreme Court

Page 561

53 S.W. 561

RUSSELL et al. v. WILLIAMSON et al.

Supreme Court of Arkansas.

October 28, 1899.

Appeal from circuit court, Pope county, in chancery; Jeremiah G. Wallace, Judge.

Suit by J. W. Russell and others against G. M. Williamson and others. There was a decree for defendants, and plaintiffs appeal. Affirmed.

Dan B. Granger, for appellants. Ratcliffe & Fletcher, for appellee Williamson.

BUNN, C. J.

The plaintiff James W. Russell and his brother Alva Russell were partners doing a mercantile business in the town of Russellville, Pope county, this state, under the firm name and style of Russell Bros.; and on the 7th day of November, 1871, the defendant G. M. Williamson was indebted to this firm in the sum of $280, which had become due and payable on the 1st day of January, 1871, and for this sum Williamson executed and delivered his promissory note, due one day after date, bearing interest at the rate of 10 per cent. per annum from 1st January, 1871, until paid. Payments were made upon this note from time to time until 18th December, 1882, so that the same was not then barred by the statute of limitations; and on the last-named date said firm instituted their suit before a justice of the peace of said county for the recovery of the balance due thereon, and on the 30th day of December, 1882, judgment was rendered against Williamson, by default, for the sum of $129.11 principal and $336.13 interest, and on the 30th January, 1883, execution was issued by said justice of the peace, and the same was returned on the 20th February, 1883, nulla bona, and on the 26th March, 1883, a transcript of said judgment was filed in the office of the clerk of the circuit court of said county, and the same was duly entered on the docket as required by statute, and became a lien on all the real estate of said G. M. Williamson in said county. On the 29th May, 1883, an execution was issued out of the office of said circuit court clerk, on said transcribed judgment, and placed in the hands of the sheriff of said county, and the same was levied upon the interest of said Williamson in the W. ½ of S. W. ¼, the N. E. ¼ of S. W. ¼, in section 28, township 8 N., range 20 W., and the undivided one-third interest in the N. E. ¼ of the S. E. ¼, and part of the S. E. ¼ of the S. E. ¼ (the last-named tract containing 30 acres), in section 29 in township 8 N., range 20 W.; and on the 14th day of July, 1883, in pursuance of said levy, the same was sold by said sheriff to satisfy said execution, and the said Alva Russell became the purchaser at said sale, he bidding the amount of said judgment and costs, and, 12 months having expired, deed was made to him accordingly, —presumably, the said judgment being duly credited as the consideration of said sale and purchase.

The return of the sheriff is...