{ "id": 1881253, "name": "Seaborn vs. Henry & Co.", "name_abbreviation": "Seaborn v. Henry & Co.", "decision_date": "1875-11", "docket_number": "", "first_page": "469", "last_page": "472", "citations": [ { "type": "official", "cite": "30 Ark. 469" } ], "court": { "name_abbreviation": "Ark.", "id": 8808, "name": "Arkansas Supreme Court" }, "jurisdiction": { "id": 34, "name_long": "Arkansas", "name": "Ark." }, "cites_to": [ { "cite": "13 Ark., 548", "category": "reporters:state", "reporter": "Ark.", "opinion_index": -1 }, { "cite": "15 Ark., 55", "category": "reporters:state", "reporter": "Ark.", "case_ids": [ 8728025 ], "opinion_index": -1, "case_paths": [ "/ark/15/0055-01" ] }, { "cite": "12 Ark., 547", "category": "reporters:state", "reporter": "Ark.", "opinion_index": -1 }, { "cite": "4 Ark., 231", "category": "reporters:state", "reporter": "Ark.", "opinion_index": -1 } ], "analysis": { "cardinality": 397, "char_count": 6258, "ocr_confidence": 0.449, "pagerank": { "raw": 9.433907791794636e-08, "percentile": 0.5167594713050838 }, "sha256": "872ed8e5e83d6c1ab63e7590fc0ebf36904f1a436580098e3fe6b1bd7e682a18", "simhash": "1:085f9d16ac6a7eb1", "word_count": 1113 }, "last_updated": "2023-07-14T16:21:05.477348+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [], "parties": [ "Seaborn vs. Henry & Co." ], "opinions": [ { "text": "S. W. Williams, Sp. J.:\nThe appellees sued appellant in the St. Francis Circuit Court on a judgment rendered in the District Court of the County of Cass, in the State of Texas. The complaint in that court, upon which the judgment was rendered, counts upon a note in the form following: \u201c $1290. Davis County, Texas, June 4,1869. On or before\u2019the 1st day of January, A. D. 1871, I promise to pay G. W. Seaborn, or bearer, the sum of twelve hundred and ninety dollars for land sold C. S. Myers by G. \"W. Seaborn, being a part of the headright of E. D. Hanks. (Signed) C. S.. Myers.\u201d\nThe complaint is in the ordinary form of a complaint at law against C. S. Myers, as maker, and Seaborn, as guarantor of the note, setting out the making of the note and delivery 'thereof to Seaborn by Myers, and the endorsement and guarantee thereof to Henry & Co. by Seaborn. The appellees in that complaint then proceed to state that the note was given for the purchase money of land, describing its location and exhibiting a copy of a quit-claim deed from Seaborn to Myers, and claimed that the debt was a lien on the land in law and equity. The complaint then concludes with the usual averments of non-payment, etc., and with a prayer for judgment against defendants in that suit for the debt, and that the land be held bound for the same, and be decreed to be sold, and that the proceeds be applied in payment.\nOn this complaint the Texas court rendered a perso:ial judgment in the ordinary common law form, against Seaborn and Myers, as follows: \u201c It is therefore considered by the court that plaintiff, John Henry & Co., do have and recover of and from defendant, C. S. Myers and George W. Seaborn, the sum of twelve hundred and ninety dollars, principal, and the further sum of sixty and 75-100th dollars, interest, making in the aggregate, etc., and all costs of suit, etc.,\u201d after which the record proceeds as follows : \u201cIt is ordered, adjudged and decreed by the court, that the vendor\u2019s lien be hereby foreclosed upon the following described tract of land, to-wit:\u201d (describing it,) \u201c and that the clerk of this court issue an order \u00a9f sale to the sheriff of said county,\u201d (Davis, where the land was described as lying,) \u201c commanding him, the said sheriff, to seize and sell the above described land in lots,\u201d \u201c of 10 nor more 40 acres each \u201d \u201c as under execution,\u201d and that he apply the proceeds to the \u201c payment and satisfaction\u201d of the sum of one thousand three hundred and fifty 25-100th dollars, with all interest that may be due thereon, and all cost of this suit, and if the said land shall sell for more than sufficient to pay off and satisfy said sum of money \u201c then the said is hereby \u201d directed to pay over the excess to the defendant. But if the said land shall not sell for enough to pay off and satisfy this judgment then the clerk of this court is directed to issue execution for the balance unpaid.\nAppellant, in the court below, demurred to the complaint; Avhich demurrer was confessed, and an amended complaint was filed, whereby appellant set out .the recovery of the judgment in Texas, and that the same remained in full force, in nowise set aside, reversed or satisfied; exhibiting a transcript of the record of the judgment recovered in Texas, concluded with the usual averment of non-payment and prayer for judgment.\nTo this amended complaint Seaborn demurred on the grounds that the judgment was for the sale of land, and execution was only to be issued for balance. The court overruled this demurrer, and rendered judgment for Henry & Co., on failure of Seaborn to answer. Seaborn appealed and here argues that the Circuit Court of St. Francis county erred in overruling his demurrer, which is the only question presented upon the record.\nPassing by all questions as to whether the objection here raised was properly presented by demurrer, and whether or not the complaint, if good on its face, should have been looked to on demurrer alone, without regard to the exhibit; we presume that tbe laws of Texas are like those of Arkansas, in the absence of any averment or proof to the contrary, on the part of the party upon whom the affirmation of showing a difference may rest.\nHere we have exhibited a personal judgment against Seaborn for a specific sum, based on a personal liability. In this State, if from a lapse of time, or death of parties, or other cause, it were to become necessary to sue on such a judgment, either to revive it by sci. fa., or to procure its allowance in the Probate Court, or under proper circumstances to make it the foundation of an action of debt, we think the suit could be maintained, and that it would devolve on the defendant to show satisfaction, by sale of the land or otherwise, before he could bar a judgment for this cause.\nHolding these views and being bound to give full faith and credit to the records of a sister State, we find no error in the record of the proceedings of the Circuit Court of St. Francis county in overruling this demurrer, and affirm its judgment.", "type": "majority", "author": "S. W. Williams, Sp. J.:" } ], "attorneys": [ "Adams for appellant." ], "corrections": "", "head_matter": "Seaborn vs. Henry & Co.\n1. (.'onfliot of Laws. Presumption as to foreign laios.\nThis court presumes that the laws of Texas are the same as the laws of this Stale, in the absence of any averment or proof to the contrary.\n2. ---. Foreign judgment.\nAn action may bo maintained in the courts of this State, on a personal judgment rendered against the defendant in a proceeding to foreclose the vendor\u2019s lien in a District Court of Texas.\nAPPEAL from St. Francis Circuit Court.\nHon. John W. Fox, Circuit Judge.\nAdams for appellant.\nA judgment of another State, sought to be executed here by suit, must be executed according to our laws, unless the effect of the judgment be shown by proof to be different in the State where rendered. Story\u2019s Con. of Laws, sec-. 556, pp. 467-68; secs. 637-38, pp. 527-28; Wharton\u2019s Con. of Laws, secs. 888, 780-.\nExecution could not here issue upon such \u00e1 judgment before sale of land. Code, of Practice, secs. 406 and 422.\nThis judgment sued on is in the natmre of a fi. fa. levied, and is prima facie satisfaction. Yonst v. Hopltins, 24 Illinois, 329; Cummins v. Webb, 4 Ark., 231-32 ; Whiting v. Beebe, 12 Ark., 547-48-49-50; Petit v. Johnson, 15 Ark., 55; Trapnall v. Richardson, 13 Ark., 548-49." }, "file_name": "0469-01", "first_page_order": 469, "last_page_order": 472 }