Arkansas true Democrat., 1860-01-04
Abstract of the decisions of the Supreme
 Court of the State of Arkansas.

Abstract of the decisions of the Supreme
 Court of the State of Arkansas Prepared erpresslytorMe True Democrat, 6v
 F. W. HoADLEY, ATTORNEY AT LAW. Fowler,
 Williams, ad'r. ct al. lashi c1aneey G.
 On the Eth of August. 1881, W1lziams. as administrator of OrwUe Sicily, deceased obtained decree against Fowler, for money collected by him as an attorney On the 5th of April, 1854, an execution was issued upon the decree, levied upon the lands of Fowler, and he filed bill against Williams and the widow and children of Shelby for injunction. On the filing of the bill, the circuit judge granted a temporary iniunc- tlon, the cause was afterwards transferred to the Pulaski Chancery Court, where it was finally heard upon the pleadings, etc., the injunction dissolved, with six per cent damages upon the amount of money en- joined, the bill dismissed and Fowler ap- pealed.
 1he Court held:
 1st. Where a decree is rendered against an attorney, and he has not collected the money sought to be recovered of him. bu; holds the debtors note therefor, and there IS parol agreement between the attorney and the administrator, that the payment ot the decree Is not to be enforced until the attorney has collected the money on the note, it should be incorporated in the decree, because, 1t would be incompetent to prove such parol agreement to defeat or delay the execution of an absolute decree for the payment of money
 2nd. Where an attorney has been noti- lied by one of the distributes, that A had ceased to act as administrator, had no right to collect decree against an attorney, and the attorney has good grounds for believ- ing it to be true, and that it would be unsafe after such notice to pay over the money to hlm, or to the officer upon the execution issued upon the decree, his proper course would be to file bill in the nature of a bill of interpleader and bring the money into court, and ask the court to make proper direction of it. Decree affirmed. Penn,
 / Pollerson. c"a Court |" cAa"ee'y
 This was on bill filed and proceedings had Tn the Crittenden Chancery Court to enforce claim on certain lands lying in that county, for the payment of divers sums oi money; the court ordered the lands to be sold by the master in chancerv for cash, and decreed that proceeds should be distributed. etc, and the master in chan cery should report what he had done. etc. On the coming in of the masters report the Bank of Tennessee, Penn's admins trator and his infant heir at law, moved the court to set aside the sale and order a resale, which was refused; the sale was confirmed and they appealed
 The Court held:
 lst. Where a court orders lands to be sold for payment of divers sums of money, and A, who IS the principal creditor, stiles all competition and purchases the land at sacrifice, it is a fraud, and a court of equity will not hold such sale valid.
 End. If A is not bona fde purchaser, It IS not necessary in order to set aside the sale, on the application of the parties in- Jured, that an advance on the bid of A, or any sum whatever, should be offered and deposited in court
 Decree of the court below reversed and the cause remanded, with directions to set aside the sale and order resale.