McCall v. North Pine Bluff Realty Co.
Supreme Court of Arkansas
Appeal from Jefferson Circuit Court; W. B. Sorrells, Judge; 1. The default judgment was erroneous as there were undisposed of issues before the court. The answer was in the custody of the clerk and the court refused to allow it to be filed. ' 23 Cyc. 750, 751; 17 Ark. 454. 2. The default judgment was erroneous; the complaint fails to set up a cause of action. 58 Ark. 39, 43. The complaint does not allege that the possession of its grantors was either actual or exclusive.
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Appeal from Jefferson Circuit Court; W. B. Sorrells, Judge; 1. The default judgment was erroneous as there were undisposed of issues before the court. The answer was in the custody of the clerk and the court refused to allow it to be filed. ' 23 Cyc. 750, 751; 17 Ark. 454. 2. The default judgment was erroneous; the complaint fails to set up a cause of action. 58 Ark. 39, 43. The complaint does not allege that the possession of its grantors was either actual or exclusive. Adverse possession must be “actual, open, continuous, hostile, exclusive, etc.” 43 Ark. 486. 3. The description of the…
1Opinion of the CourtMcCulloch, C. J.
This is an appeal from a judgment by default in an action to recover possession of certain land. Appellee (plaintiff below) alleged in its original complaint that he was the owner of a large tract of land, describing it, known as Boyd’s plantation, situated across the river from the city of Pine Bluff, and that appellant was wrongfully in possession of a portion of it, which is described in the complaint and alleged to contain 40 acres. Appellee did not, in the complaint, deraign title back to the United States government, but began his chain of title with a commissioner’s deed executed in…
2Cases cited4 opinions
- Little v. WilliamsSupreme Court of Arkansas · 1908
- McKenzie v. NewtonSupreme Court of Arkansas · 1909
- Cox v. StateSupreme Court of Arkansas · 1900
- Crow v. RoaneSupreme Court of Arkansas · 1908
3Cited by3 opinions
- Blauvelt v. BlauveltSupreme Court of Arkansas · 1940
- Greene County v. Clay CountySupreme Court of Arkansas · 1918
- Consumers' Lignite Co. v. GrantCourt of Appeals of Texas · 1915