Porter v. Dooley
Supreme Court of Arkansas
Appeal from Arkansas Chancery Court. James F. Robinson, Chancellor. This case should have been tried before a jury, and not in a court of equity, since it involves title and right of possession of real property. 56 Ark. 374; 32 Ark. 553; 105 U. S. 189. Defective proof of publication of notice of sale is a question which could be tried at law. 44 S. W. 1041; S. C. 65 Ark.
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Appeal from Arkansas Chancery Court. James F. Robinson, Chancellor. This case should have been tried before a jury, and not in a court of equity, since it involves title and right of possession of real property. 56 Ark. 374; 32 Ark. 553; 105 U. S. 189. Defective proof of publication of notice of sale is a question which could be tried at law. 44 S. W. 1041; S. C. 65 Ark. A complaint which states only “information” or “belief” of fraud furnishes no grounds for chancery jurisdiction. Big. Fraud 450, 451. It is not fatal to the proof of notice that the county clerk did not certify to the oficial…
1Opinion of the CourtHughes, J.
This is an appeal from a decree in chancery in favor of the appellee setting aside a decree of confirmation of a tax title in favor of the appellant. The decree confirming the tax title of appellant Porter was rendered on the 19th of March, 1887. The land, the title to which was confirmed, was sold for taxes on the 14th of April, 1884. The decree of the court setting aside the decree of confirmation holds the decree of confirmation void for the want of jurisdiction to render it, for the want of notice and the uncertainty as to the land sold.
The evidence in the case shows that there was no…
2Cases cited3 opinions
- Scott v. PleasantsSupreme Court of Arkansas · 1860
- Boehm v. BotsfordSupreme Court of Arkansas · 1889
- Fowler's ad'r. v. KnightSupreme Court of Arkansas · 1849
3Cited by22 opinions
- Clay v. BilbySupreme Court of Arkansas · 1904
- Wallace v. HillSupreme Court of Arkansas · 1918
- Pattison v. SmithSupreme Court of Arkansas · 1910
- Livingston v. New England Mortgage Security Co.Supreme Court of Arkansas · 1906
- Kulbeth v. Drew County Timber Co.Supreme Court of Arkansas · 1916
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