Stuart v. Barron
Supreme Court of Arkansas
Appeal from Greene Chancery Court; Archer Wheat-ley, Chancellor; 1. The decree of April 7, 1919, is void for want of jurisdiction. 81 Ark. 440-462. Where a -complaint shows no canse of action and tenders no issue, a judgment thereon is a nullity, no matter how attacked. 62 Id. 439; 9 Lea (Tenn.) 68; 21 L. R. A. (N. S.) 481. It is void even on collateral attack. 11 L. R. A. (N. S.) 803; 5 A. L. R. 262. No partition or sale of lands, etc., devised by last will can be made…
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Appeal from Greene Chancery Court; Archer Wheat-ley, Chancellor; 1. The decree of April 7, 1919, is void for want of jurisdiction. 81 Ark. 440-462. Where a -complaint shows no canse of action and tenders no issue, a judgment thereon is a nullity, no matter how attacked. 62 Id. 439; 9 Lea (Tenn.) 68; 21 L. R. A. (N. S.) 481. It is void even on collateral attack. 11 L. R. A. (N. S.) 803; 5 A. L. R. 262. No partition or sale of lands, etc., devised by last will can be made contrary to the intention of the testator expressed in his last will. C. & M. Dig., § 8090. See, also, opinion on former…
1Opinion of the Court
McCulloch:, C. J.
This case is here now on a second appeal, the attitude of the parties being reversed, the present appellees having been the appellants on the former appeal, and the present appellants having been formerly the appellees. Barron v. Stuart, 136 Ark. 481. The facts in the case were stated more in detail in the opinion on the former appeal than need be stated again. Reference is made to that opinion, and it is only essential now to give an outline of the facts.
J. W. Stuart, a man sixty-eight years of age, residing in Greene County, Arkansas, died on July 28, 1916, the owner of a…
2Cases cited3 opinions
- Barron v. StuartSupreme Court of Arkansas · 1918
- Sennett v. WalkerSupreme Court of Arkansas · 1909
- Branstetter v. BranstetterSupreme Court of Arkansas · 1917
3Cited by6 opinions
- Ferguson v. GreenSupreme Court of Arkansas · 1979
- Miller Lumber Company v. FloydSupreme Court of Arkansas · 1925
- St. Louis Southwestern Railway Co. v. JacksonSupreme Court of Arkansas · 1969
- Burks v. CantleySupreme Court of Arkansas · 1935
- McGraw v. BerrySupreme Court of Arkansas · 1926
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