Waldron v. Taenzer
Supreme Court of Arkansas
Appeal from Cross Chancery Court; Edward D. Robertson, Chancellor; statement by the court. Appellant sues for an undivided one-half interest in a tract of swamp or wild land.
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Appeal from Cross Chancery Court; Edward D. Robertson, Chancellor; statement by the court. Appellant sues for an undivided one-half interest in a tract of swamp or wild land. Appellee, Taenzer, admits that appellant inherited a one-half interest in the land, but alleges: “In the year 1880, and on the 8th day of October, in the circuit court of Cross County, Arkansas, in a proceeding for partition brought by Cynthia A. Hood, the owner of one-half, against the plaintiff herein, owner of the other one-half of said tract, and in which proceeding the plaintiff herein was represented by James M.…
1Opinion of the Court
Wood, J.,
(after stating the facts.) Counsel in oral argument and brief urge for reversal the following assignments of error:
“The trial court erred in overruling the following exceptions to the answer of Taenzer:
“1. The record of the suit referred to in said answer does not show that the plaintiff was ever made a party to said suit, and therefore plaintiff is not bound by any judgment rendered therein.
“2. The record of the suit referred to in said answer does not -show that this defendant was ever served personally or constructively in said cause, and therefore plaintiff is not bound by any…
2Cases cited4 opinions
- Boyd v. RoaneSupreme Court of Arkansas · 1887
- Clay v. BilbySupreme Court of Arkansas · 1904
- Ballard v. HunterSupreme Court of Arkansas · 1905
- Johnson v. LesserSupreme Court of Arkansas · 1905
3Cited by2 opinions
- Henry Quellmalz Lumber & Manufacturing Co. v. RocheSupreme Court of Arkansas · 1920
- McLeod, Comm. of Revenues v. MabrySupreme Court of Arkansas · 1944