Waterman v. Irby
Supreme Court of Arkansas
Appeal from Desha Chancery Court. M. L. Hawkins, Chancellor. statement by the court. This is a suit in equity brought by Stephen W. Irby, a minor, suing by next friend, against the defendants, Waterman, Wither-spoon and Smith, to redeem lands of the plaintiff sold for taxes.
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Appeal from Desha Chancery Court. M. L. Hawkins, Chancellor. statement by the court. This is a suit in equity brought by Stephen W. Irby, a minor, suing by next friend, against the defendants, Waterman, Wither-spoon and Smith, to redeem lands of the plaintiff sold for taxes. He claims title to the lands in question under a donation deed from the State to Warren C. Irby, dated February 12, 1872, and alleges that the latter, on August ,4, 1874, conveyed the lands to Joseph F. Irby, plaintiff’s father, who died December 9, 1886, leaving the plaintiff his only heir at law. He further alleges that…
1Opinion of the Court
McCurroch, J.,
(after stating the facts.) 1. Counsel for appellants contend, first, that the chancellor erred in treating this as a suit to redeem. The complaint contains all the allegations essential to that relief, and no other, though the prayer is only that the tax sale be canceled, and the land decreed to belong to the plaintiff.
Under a prayer for general relief, the court may grant any relief that the facts stated and proved will warrant, although it may be inconsistent with the special relief prayed. Kelly’s Heirs v. McGuire, 15 Ark. 555; Shields v. Trammell, 19 Ark. 62; Dews v.…
2Cases cited7 opinions
- Kelly's Heirs v. McGuireSupreme Court of Arkansas · 1855
- Asheey v. Little RockSupreme Court of Arkansas · 1892
- Chaffe Bro. v. OliverSupreme Court of Arkansas · 1882
- Smith v. ThorntonSupreme Court of Arkansas · 1905
- Davis v. GoodmanSupreme Court of Arkansas · 1896
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Kahn v. MetzSupreme Court of Arkansas · 1908
- Erwin v. Allied Van Lines, Inc.District Court, W.D. Arkansas · 1965
- Baldwin v. BrownSupreme Court of Arkansas · 1924
- Mason v. GatesSupreme Court of Arkansas · 1909
- Cowley v. SpradlinSupreme Court of Arkansas · 1905
6 more not listed; retrieve them via the Exa API.