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76 Ark. 465

Johnson v. Lesser

Supreme Court of Arkansas

Decided July 29, 1905

Supreme Court of Arkansas · decided 1905-07-29

Edward D. Robertson, Chancellor. statement by the court. mortgaged the place to Morris Lesser to secure an account for supplies that he owed Lesser. Afterwards Johnson left the State, and Lesser brought a suit in equity to foreclose his mortgage. Lesser filed an affidavit that Johnson was a non-resident, and the clerk made the following indorsement on the complaint: Ben Johnson owned 80 acres of land in Lee County.

Relies on Clay v. Bilby · Ballard v. Hunter

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1905-07-29

How this case has been cited

Cited by 6 later decisions — most recently March 1968

6 state decisions

201905191019201930194019501960decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Riddicic, J.,

¶1(after stating the facts.) In this case the heirs of Ben Johnson seek to set aside and declare void a foreclosure decree rendered against Ben Johnson and wife while they were non-residents of the State, and to compel the defendant to account for the rents and profits arising from the land purchased under the foreclosure sale. ° The service upon the defendants in the foreclosure decree was by publication, and the contention of the plaintiffs is that the forclosure decree was void on account of want of jurisdiction over the persons of the defendants. One. objection urged on the hearing was that proof of publication was not made in the mannér required by the statute, but counsel now concedes that this question has been decided against him by a recent decision of this court, where it was held that when a warning order has been duly published, the failure to make proof of such publication in the manner required by statute is an irregularity that does not affect the jurisdiction of the court, and cannot be considered in a collateral proceeding. Clay v. Bilby, 72 Ark. 101.

¶2The only remaining contention is that the judgment against the non-residents was void because the clerk did not indorse the warning order upon the complaint as the statute requires. But this also was an irregularity that did not injure the defendants or affect the jurisdiction of the court. Ballard v. Hunter, 74 Ark. 174, 85 S. W. 252; Clay v. Bilby, 72 Ark. 101.

¶3On the whole case, we are of the opinion that the judgment should be affirmed, and it is so ordered.

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