Calhoun v. Moore
Supreme Court of Arkansas
Appeal from Mississippi Chancery Court; Edward D. Robertson, Chancellor; 1. Unless upon inspection the decree vesting title discloses on its-face want of jurisdiction, it is not subject to collateral attack. 27 Gratt.
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Appeal from Mississippi Chancery Court; Edward D. Robertson, Chancellor; 1. Unless upon inspection the decree vesting title discloses on its-face want of jurisdiction, it is not subject to collateral attack. 27 Gratt. (Va.), 624, 629; Mitford on PI. 240. 2. Though the probate court decree were erroneous and voidable, yet it is not void when collaterally called in question. 31 Ind. 444; 30 Mich. 502; 6 Cal. 685; 37 N..Y- 511; 4 Mass. 282; 51 N. W. 261; 5 Ark. 424; 3 Vt. 114; 128 N. Y. 229; 65 Ark. 355 5'19 Ark. 499; 87 Mo. 533; 62 Ala. 416; 39 Tex. 579; 107 Ind. 410; 56 Pa. St. 44; 64 Tex.…
1Opinion of the CourtMcCulloch, J.
The lands in controversy were owned by John O. Blackwood, now deceased, and on January io, 1889, the probate court of Mississippi County made an order reciting that said lands were of less value than $300 and constituted all the estate left by said decedent, and vesting title to the same in Nannie E. Blackwood, the widow of said decedent.
The widow- sold, and by deed with full covenants of warranty of title conveyed, the lands to the defendant Calhoun. This suit was commenced in the chancery court of Mississippi County on February 8, 1902, by some of the minor children and heirs of John' O.…
2Cases cited3 opinions
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- Weaver v. RushSupreme Court of Arkansas · 1896
- Wilson v. MassieSupreme Court of Arkansas · 1901
3Cited by5 opinions
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