Legal Opinion

London v. McGehee

Supreme Court of Arkansas

Decided December 18, 1916PublishedCited by 5 opinions

Appeal from Crawford Circuit Court; Jas. Cochran, Judge; STATEMENT BY THE COURT. This was a suit by the appellee against appellant in ejectment to recover tbe possession of certain lands in Crawford county.

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Appeal from Crawford Circuit Court; Jas. Cochran, Judge; STATEMENT BY THE COURT. This was a suit by the appellee against appellant in ejectment to recover tbe possession of certain lands in Crawford county. The complaint set up that the lands had been foreclosed at a trustee’s sale for the payment of an indebtedness due to the Alma Cash Store in the sum of $202.20, and that the appellee wa? the owner and entitled to possession under deed made in pursuance of such sale, and that appellant was in the actual possession and refused to surrender the same to the appellee. The appellant answered,…

1Opinion of the CourtWood, J.

(after stating the facts.) Appellant contends that he was sick at the time the cause was called for trial in the circuit court and was therefore necessarily absent; that the court erred, in his absence,' in trying the cause, sitting as a jury, without his express consent; that there was an issue of fact involved that entitled him to a trial by a jury.

Appellant further contends that there were two deeds of trust, which were given in connection with each other and covered the same real estate, and that only one of these deeds of trust was introduced in evidence, and that both were necessary to…

2Cases cited5 opinions

  1. Railway Co. v. AmosSupreme Court of Arkansas · 1891
  2. Tucker v. HawkinsSupreme Court of Arkansas · 1903
  3. Kansas City, Fort Scott & Memphis Railroad v. JoslinSupreme Court of Arkansas · 1905
  4. Hempstead County v. PhillipsSupreme Court of Arkansas · 1906
  5. Jonesboro, Lake City & Eastern Railroad v. Chicago Portrait Co.Supreme Court of Arkansas · 1907

3Cited by5 opinions

  1. Haynie v. DicusSupreme Court of Arkansas · 1947
  2. Edwards v. JonesSupreme Court of Arkansas · 1938
  3. Morgan v. StocksSupreme Court of Arkansas · 1938
  4. McKinney v. CaldwellSupreme Court of Arkansas · 1952
  5. Chicago, Rock Island & Pacific Railway Co. v. McCoySupreme Court of Arkansas · 1942

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