Gaither v. Campbell
Supreme Court of Arkansas
Appeal from Mississippi Chancer}' Court; Edward D. Robertson, Chancellor; After lapse of the term, the court had no power to vacate the judgment, except upon complaint filed as provided by law. 52 Ark. 31S; 53 Ark. 21. The decree was not authorized by the mandate. 84 S. W. 1046; 91 S. W. 27. The trial court is left free to make any order with reference to new matter in a case that has been remanded to it by the Supreme Court not inconsistent with the opinions of the Supreme…
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Appeal from Mississippi Chancer}' Court; Edward D. Robertson, Chancellor; After lapse of the term, the court had no power to vacate the judgment, except upon complaint filed as provided by law. 52 Ark. 31S; 53 Ark. 21. The decree was not authorized by the mandate. 84 S. W. 1046; 91 S. W. 27. The trial court is left free to make any order with reference to new matter in a case that has been remanded to it by the Supreme Court not inconsistent with the opinions of the Supreme Court. 16 Ark. 181. The trial court was required by the mandate to adjudicate matters arising that were not settled by…
1Opinion of the CourtMcCulloch, C. J.
This is the third appearance here of this case. Plaintiffs (the petitioners, Mrs. Gaither and the Kings) each claiming title to an undivided third of the land in controversy as equal tenants in common by inheritance from W. A. King, instituted an action to quiet their said title to this and other tracts of land. Campbell intervened, and claimed title by adverse possession to a tract of forty acres. The chancery court rendered a decree in Campbell’s favor, and this court reversed the decree and remanded the case with directions to permit either party to amend the pleadings and take further…
2Cases cited8 opinions
- Rankin v. SchofieldSupreme Court of Arkansas · 1905
- Gaither v. GageSupreme Court of Arkansas · 1907
- Brown v. NorvellSupreme Court of Arkansas · 1909
- Hargus v. HayesSupreme Court of Arkansas · 1907
- Rankin v. FletcherSupreme Court of Arkansas · 1907
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Ferguson v. GreenSupreme Court of Arkansas · 1979
- Deason & Keith v. RockSupreme Court of Arkansas · 1921
- Arkansas Baptist College v. DodgeSupreme Court of Arkansas · 1934
- Henry v. IrbySupreme Court of Arkansas · 1927
- Pfeiffer v. Missouri State Life InsuranceSupreme Court of Arkansas · 1928
5 more not listed; retrieve them via the Exa API.