Quertermous v. Bilby
Supreme Court of Arkansas
Appeal from Arkansas Chancery Court; John M. Elliott, Chancellor; The decree of confirmation in favor of J. W. Benson in 1912 was valid and legal and defendants (appellants) are the owners of this land. Appellee has not shown such a state of facts as entitles him to attack the • decree of confirmation. Chap. 25 of Kirby’s Digest.
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Appeal from Arkansas Chancery Court; John M. Elliott, Chancellor; The decree of confirmation in favor of J. W. Benson in 1912 was valid and legal and defendants (appellants) are the owners of this land. Appellee has not shown such a state of facts as entitles him to attack the • decree of confirmation. Chap. 25 of Kirby’s Digest. All presumptions are in favor of the validity of a decree of a court of competent jurisdiction. 101 Ark. 395. This is a collateral attack on such a decree and the record must show all facts essential to jurisdiction. The decree finds that petitioner and his grantors…
1Opinion of the CourtWood, J.
On the 24th day of September, 1912, J. W. 'Benson obtained a decree of confirmation of title to a large body of land situated in Arkansas County, Arkansas. The decree was obtained under the provisions of chapter 25 of Kirby’s Digest. The decree, among other things, recites:
“ J. W. Benson, Ex parte, Petitioner.
“Now on this day comes the petitioner by his solicitor and this proceeding is submitted to the court for its consideration and judgment upon the petition and its exhibits, the proof of publication of the notice and warning published herein, tax receipts, muniments of title, affidavits…
2Cases cited3 opinions
- Hooper v. WistSupreme Court of Arkansas · 1919
- Van Etten v. DaughertySupreme Court of Arkansas · 1907
- Hargis v. LawrenceSupreme Court of Arkansas · 1918
3Cited by4 opinions
- Davis v. SchimmelSupreme Court of Arkansas · 1972
- Welch v. BurtonSupreme Court of Arkansas · 1952
- State Ex Rel. Attorney General v. WilsonSupreme Court of Arkansas · 1930
- Grayling Lumber Co. v. TillarSupreme Court of Arkansas · 1924