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83 Ark. 101

Minton v. Bennight

Supreme Court of Arkansas

Decided May 27, 1907

Supreme Court of Arkansas · decided 1907-05-27

y. Bourland, Chancellor. statement by the court. R. S. and J. D. Bennight are children of J. J. and Susan Bennight, who were the owners of certain land in Sebastian County, Arkansas. In 1901 J. J. and Susan Bennight brought an action against A. H. Sprague in the Sebastian Circuit Court for the Greenwood District.

Affirmed · Decided 1907-05-27

Riddick, J.,

¶1(after stating the facts.) The only question in this case is whether land can be sold in this State under a fee bill issued by a clerk of the circuit court not based upon a judgment or order of the court.

¶2The statute authorizes the sheriff to levy fee bills upon “goods and chattels.” Kirby’s Digest, § 3530. If this statute is valid, it gives no authority to levy upon or sell land under a fee bill, and we are of the opinion that there was no authority for such a proceeding.

¶3Judgment affirmed.

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