Earle Improvement Co. v. Chatfield
Supreme Court of Arkansas
Appeal from Crittenden Chancery Court; Bdzmrd D. Robertson, Chancellor; Albert H. Chatfield was in 1897 the owner of the northeast quarter of section thirty-three, township eight north, range six east.
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Appeal from Crittenden Chancery Court; Bdzmrd D. Robertson, Chancellor; Albert H. Chatfield was in 1897 the owner of the northeast quarter of section thirty-three, township eight north, range six east. Taxes for that year not having been paid, the land was sold for said taxes on June 13, 1898, to W. N. Brown, Jj.; and, the same not having been redeemed within two years, a deed was niade to said Brown by the clerk on the 7th day of July, 1900, which deed was put on record July 11, 1900. Brown paid the taxes of 1897 by his purchase at the tax sale, and subsequently paid the taxes of 1898,…
1Opinion of the CourtWood, J.
First. The court did not err in overruling the motion to transfer to law. The complaint stated that plaintiff was in possession of the land, set up his title, and asked to have same quieted. This gave the chancery court jurisdiction. Lawrence v. Zimpleman, 37 Ark. 645. The court must look to the allegations of the complaint, in limine, to ascertain whether it had jurisdiction. The complaint did not affirmatively show that the defendants were in possession, as alleged in the motion to transfer.
The chancery court did not lose its jurisdiction because defendants moved to transfer to law,…
2Cases cited23 opinions
- Halstead v. GrinnanSupreme Court of the United States · 1894
- Towson v. DensonSupreme Court of Arkansas · 1905
- Ringo v. WoodruffSupreme Court of Arkansas · 1884
- Cooper v. Freeman Lumber Co.Supreme Court of Arkansas · 1895
- McGaughey v. BrownSupreme Court of Arkansas · 1885
18 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- Johnson v. UmstedCourt of Appeals for the Eighth Circuit · 1933
- Updegraff v. Marked Tree Lumber Co.Supreme Court of Arkansas · 1907
- Schmeltzer v. ScheidSupreme Court of Arkansas · 1941
- Tatum v. Arkansas Lumber Co.Supreme Court of Arkansas · 1912
- Patterson v. McKaySupreme Court of Arkansas · 1939
36 more not listed; retrieve them via the Exa API.