Combs v. Combs

60 S.W. 2d 368 (1933)

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Nature of the Case

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Facts

A.T. Combs (D) became indebted to Ps for a considerable sum of money. A lien to secure that debt was created on a tract of land in Arkansas. Ps were residents of Kentucky and other states, and all of them were not residents of Arkansas. An action was filed to obtain judgment against D and his brother for the amount of the debt. That action was filed in Kentucky. Personal process was not made on D for some time, and during the time between the initiation of the action in Kentucky and before personal service was made upon D, D initiated an action in Arkansas and that court adjudged that D was indebted to P in the sum admitted in D's petition and ordered him to pay that sum to a master and the lien upon his land would be released. D was eventually served in the Kentucky action and then used the Arkansas judgment as a defense to the Kentucky action. The Kentucky court did not allow that defense and rendered judgment for P. D appealed.