Church v. Gallic
Supreme Court of Arkansas
Appeal from Garland Chancery Court. Leland Leatherman, Judge. statement by the court. Appellant, Mahala Church, was the owner of the property in controversy, certain real estate in the City of Hot Springs, and on December 22, 1890, by warranty deed duly executed, acknowledged and recorded, reciting a cash consideration of $500, she conveyed this property to Lula Oborg. Appelleej Gallic, claims the property under the last will of Lula Oborg.
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Appeal from Garland Chancery Court. Leland Leatherman, Judge. statement by the court. Appellant, Mahala Church, was the owner of the property in controversy, certain real estate in the City of Hot Springs, and on December 22, 1890, by warranty deed duly executed, acknowledged and recorded, reciting a cash consideration of $500, she conveyed this property to Lula Oborg. Appelleej Gallic, claims the property under the last will of Lula Oborg. Mrs. Church remained in possession of the property, and commenced this suit in equity against Gallic in 1901 to cancel said deed, alleging that she…
1Opinion of the Court
McCulloch, J.,
(after stating the facts.) The statute regulating appeals to this court and the practice in disposing of same provides that an appellee may, by motion to dismiss or answer, raise the question of the appellant’s right to further prosecute an appeal. Kirby’s Digest, § § 1227, 1228.
An appellee may plead in this court that since the appeal was taken a court of competent jurisdiction has, by judgment duly rendered, settled against the appellant the.rights asserted in the case on appeal. Pillow v. King, 55 Ark. 633. The fact that the suit on appeal was commenced first in point of time…
2Cases cited6 opinions
- Horsley v. HilburnSupreme Court of Arkansas · 1884
- David Bradley Manuf'g Co. v. Eagle Manuf'g Co.Court of Appeals for the Seventh Circuit · 1893
- Daniel v. GarnerSupreme Court of Arkansas · 1903
- Ward v. DerrickSupreme Court of Arkansas · 1893
- Reeve v. JacksonSupreme Court of Arkansas · 1885
1 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Howard-Sevier Road Improvement District No. 1 v. HuntSupreme Court of Arkansas · 1924
- Sims v. MillerSupreme Court of Arkansas · 1922
- Dunbar v. BourlandSupreme Court of Arkansas · 1908
- Taylor v. KingSupreme Court of Arkansas · 1918
- Hollingsworth v. McAndrewSupreme Court of Arkansas · 1906
14 more not listed; retrieve them via the Exa API.