Greer v. Anderson
Supreme Court of Arkansas
Appeal from Lee Circuit Court. Grant Green, Jr., Judge. 1. The power of the probate court, at the time of the alleged sale, may well be challenged.
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Appeal from Lee Circuit Court. Grant Green, Jr., Judge. 1. The power of the probate court, at the time of the alleged sale, may well be challenged. Act Jan. 17, 1855; Act Dec. 23, 1846. But no title passed under the sale until confirmed by the probate court. 32 Ark. 97; 45 id. 41; 54 id. 480. A sale of real estate under an order of the probate court is a judicial sale. 19 Ark. 499; 26 id. 421; 32 id. 97; 47 id. 413; 53 id. 400. And in all judicial sales no title vests until confirmation. Rorer, Jud. Sales, secs. 1, 3, 5, 7, and 106; and cases cited, note to sec. 5. 2. No lapse of time will…
1Opinion of the CourtWood, J.
Plaintiff, Anderson, brought ejectment against defendant, Greer, for a tract of land in Lee county. Both parties deraign title from the heirs of one G. W. Wilcox, deceased. The plaintiff claims under a conveyance from the g'uardians of said heirs, and the defendant claims under a deed from one of these heirs, the sole survivor, after she became of age. The cause was tried and determined by the court below, sitting as a jury, upon the following agreed statement : “It is stipulated and agreed between the plaintiff and defendant that the records of the probate court of Phillips county, Arkansas,…
2Cases cited3 opinions
- Guynn v. McCauleySupreme Court of Arkansas · 1877
- Apel v. KelseySupreme Court of Arkansas · 1886
- Reid v. HartSupreme Court of Arkansas · 1885
3Cited by4 opinions
- Eaves v. MullenSupreme Court of Oklahoma · 1910
- Spade v. MortonSupreme Court of Oklahoma · 1911
- Smith v. SpillmanSupreme Court of Arkansas · 1918
- White v. CheathamSupreme Court of Oklahoma · 1924