Thompson v. Buchanan

• Citation: 203 S.W. 1015
• Decision Date: 20 May 1918
• Docket Number: (No. 373.)
• Parties: THOMPSON v. BUCHANAN.
• Court: Arkansas Supreme Court

203 S.W. 1015

THOMPSON v. BUCHANAN.

(No. 373.)

Supreme Court of Arkansas.

May 20, 1918.

Appeal from Sharp Chancery Court; Geo. T. Humphries, Chancellor.

Action by C. J. Buchanan against John W. Thompson. From decree for plaintiff, defendant appeals. Affirmed.

Sharp county, for the use of district school and district road funds of said county, sued John W. Thompson, the ex-treasurer of Sharp county, for funds which it alleged that he had failed to pay over. The county obtained judgment against him. Thompson's lands were sold to satisfy the judgment, and Buchanan was a purchaser at the sale, and paid for the lands purchased by him the sum of $1,525, which sum was credited on the judgment against Thompson in favor of the school and road districts of the county. Thompson afterwards instituted an action in the chancery court to set aside the sale, and succeeded in so doing. He also obtained an order restraining the sheriff from making deeds to Buchanan, the purchaser at the sale.

Buchanan then brought this action against Thompson and Sharp county, setting up in his complaint the above facts, and asking for judgment in that sum, $1,525, with interest (6 per cent.), and that he be subrogated to the judgment lien in favor of the road and school districts against Thompson. Thompson filed a general demurrer to the complaint, and also answered, denying the material allegations. Upon a trial of the merits the court found that the lands belonging to Thompson were levied upon and sold on a void execution, and that Buchanan was not a party to the original suit in which the judgment was rendered against Thompson, but was a purchaser of the lands at the sale under an execution issued on such judgment; that the sale was void; that Buchanan paid the sum of $1,525 to the county, which was credited on the amounts due on the judgment that had been rendered in favor of Sharp county against Thompson, as alleged in the complaint. The court further found that the liability of Thompson, upon which judgment had been rendered against him in the circuit court, was for a trust fund; that Sharp county, as the original creditor, for the use of the road and school districts, had a lien by virtue of the judgment. The court then rendered a decree in favor of Buchanan against Thompson in the sum of $1,525, with interest, and decreed that he should be subrogated to all the rights of Sharp county in the lands, which were described in the decree, and ordered that the same be sold, unless the judgment was satisfied within 90 days. From that...