Legal Opinion
Hinkle v. Powell
Supreme Court of Arkansas
Decided May 23, 1910Published
Appeal from Independence Circuit Court; Charles Coffin, Judge; The justice of the peace had jurisdiction, because no lien on land was,involved in this case. 54 Ark. 16; 47 Ark. 241. A lien can be waived or contracted against. 25 Cyc. 673. The demurrer was properly sustained. 65 Ark. 498. Jurisdiction can not be conferred by consent or agreement. 33 Ark. 31; 34 Ark. 399; 70 Ark. 346; 90 Ark. 195.
1Opinion of the CourtMcCulloch, C. J.
The circuit court on appeal from a justice of the peace sustained a plea, in the nature of a demurrer, to the jurisdiction of the court to hear and determine the cause of action set forth in the following complaint:
“That on the 4th day of December, 1908, plaintiff bought and purchased of and from the defendant certain lands lying in the county of Independence and State of Arkansas, and the defendant made and executed his deed therefor. That it was expressly understood and agreed that the defendant, R. H. Powell, would pay all taxes due upon said lands for the year 1908 by a contract and…
2Cases cited2 opinions
- Sanders v. BrownSupreme Court of Arkansas · 1898
- Naylor v. McNairSupreme Court of Arkansas · 1909