Miller v. Chicago Mill & Lumber Co.
Supreme Court of Arkansas
Appeal from Mississippi Chancery Court, Osceola District; Archer Wheatley, Chancellor; 1. The chancery court of Mississippi County had no jurisdiction to order a sale as to the plaintiff’s interest because she was a non-resident and the probate court had jurisdiction; the deed made under said decree by her guardian to Mitchell was void and she never has been divested of title; the deed of Mrs. Todd and her daughters to Mitchell constituted plaintiff and Mitchell tenants in…
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Appeal from Mississippi Chancery Court, Osceola District; Archer Wheatley, Chancellor; 1. The chancery court of Mississippi County had no jurisdiction to order a sale as to the plaintiff’s interest because she was a non-resident and the probate court had jurisdiction; the deed made under said decree by her guardian to Mitchell was void and she never has been divested of title; the deed of Mrs. Todd and her daughters to Mitchell constituted plaintiff and Mitchell tenants in common and defendants are also tenants in common with plaintiff; that the payment of taxes being by a tenant in common…
1Opinion of the Court
SMITH; J.
This is a suit in equity brought by appellant to confirm and quiet title to an undivided half interest in certain lands situated in Mississippi County, Arkansas, which are alleged to be wild and unimproved. These lands are said to be worth now a million and a half dollars and several very interesting questions are discussed in the briefs, yet we think the legal principles which control the decision of the case are simple and well defined.
Appellant’s right to the relief prayed is denied upon the grounds, among others, that her suit is barred by the statute of limitations and by…
2Cases cited3 opinions
- Gaither v. GageSupreme Court of Arkansas · 1907
- Wilson v. StorthzSupreme Court of Arkansas · 1915
- Fletcher v. JosephsSupreme Court of Arkansas · 1912
3Cited by6 opinions
- Skelly Oil Company v. JohnsonSupreme Court of Arkansas · 1946
- Burbridge v. Bradley Lumber Co. of ArkansasSupreme Court of Arkansas · 1948
- Clark v. WilsonSupreme Court of Arkansas · 1927
- Welder v. WiggsCourt of Appeals of Arkansas · 1990
- Scott v. HillCourt of Appeals of Arkansas · 1981
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