52 Ark. 373
Decided November 15, 1889
Supreme Court of Arkansas · decided 1889-11-15
J. B. Wood, Judge. O. F. Smith sued Addie Finley for the possession of lot 6, of block 74, of the Hot Springs Reservation, in Garland County, and claimed title under a deed of trust made by defendant to D. Beitler, trustee, for the benefit of E. Smith, under which there was a sale of the property by R. L. Williams, Sheriff of Garland County, the trustee having refused to act, purchase by O. F. Smith, and a subsequent conveyance made by the Sheriff to him, the appellant.
Cited by 2 later decisions — most recently May 1916
2 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1889-11-15
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¶1The justice’s record does not show jurisdiction of the person of the defendant Finley unless by inference. The parol testimony which was heard at the trial, and was admissible to show want of jurisdiction (Jones v. Terry, 43 Ark., 230; Visart v. Bush, 46 ib., 153), is conclusive of that fact. The judgment was, therefore, void.
¶2The proof was clear that the contract was usurious. The plaintiff, therefore, took nothing by his purchase at the trustee’s sale.
¶3Affirm.