Supreme Court of Arkansas, 1907

Minton v. Bennight

Minton v. Bennight
Supreme Court of Arkansas · Decided May 27, 1907 · Riddick
83 Ark. 101; 103 S.W. 168; 1907 Ark. LEXIS 36

Minton v. Bennight

Opinion of the Court

Riddick, J.,

(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.

The 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.

Judgment affirmed.

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