Legal Opinion

Keatts v. Rector

Supreme Court of Arkansas

Decided January 15, 1839PublishedCited by 9 opinions

Appeal from Pulaski Circuit Court, in Chancery. This is a bill in chancery for the specific execution of a parol agreement in relation to the sale of land.

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Appeal from Pulaski Circuit Court, in Chancery. This is a bill in chancery for the specific execution of a parol agreement in relation to the sale of land. The bill charges /¿hat the lands granted by an act of Congress to the Territory of Arkansas, for the purpose of building a court house and jail, and also for the purpose of establishing a seminary of learning, were, in pursuance of the proclamation of the governor, offered and exposed to public sale in the month of November, in the year of our Lord one thousand eight hundred and thirty-three; and that the complainant Elias Rector, being…

1Opinion of the CourtLacy, Judge

The first question presented for our consideration is, was the appeal rightfully allowed ?

The right of appeal from an inferior to a superior Jurisdiction, is an absolute and unqualified right; provided the party taking up it brings himself within the provision of the law regulating the practice in such cases.

The question then recurs, when is a decree in chancery to be con* sidered- final? It is certainly conclusive and final, when the judgment of the court is pronounced, disposing of the whole matter in controversy, and the time at which the judgment was rendered has in reality, passed by.…

2Cases cited4 opinions

  1. Hepburn & Dundas v. AuldSupreme Court of the United States · 1809
  2. Davenport v. MasonMassachusetts Supreme Judicial Court · 1818
  3. McFerran v. TaylorSupreme Court of the United States · 1806
  4. Jackson v. CraneNew York Supreme Court · 1823

3Cited by9 opinions

  1. Collins v. LackeySupreme Court of Oklahoma · 1912
  2. Arkadelphia Lumber Co. v. ThorntonSupreme Court of Arkansas · 1907
  3. Arkansas Valley Trust Co. v. YoungSupreme Court of Arkansas · 1917
  4. Cooper v. NewtonSupreme Court of Arkansas · 1900
  5. Kromray v. StobaughSupreme Court of Arkansas · 1947

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