Legal Opinion · Dissent

Union Investment Co. v. Hunt

Supreme Court of Arkansas

Decided May 1, 1933No. 4-2993Published

1DissentJohnson, C. J.

I cannot agree with the majority opinion. In my opinion the effect of the majority opinion is to overrule a line of decisions which are-now considered rules of property in this State. The majority opinion is to the effect that the solemn recitals of a judgment or decree may be contradicted by an affidavit. This is not the law and has never been, in my opinion.

The decree in this case reads as follows: “That due and proper service has been had upon all the owners of said lands and real estate hereinafter described by means and reasons of the publication of a notice of the pendency and purpose…

2Cases cited8 opinions

  1. Settlemier v. SullivanSupreme Court of the United States · 1879
  2. Clay v. BilbySupreme Court of Arkansas · 1904
  3. McDonald v. Fort Smith & Western RailroadSupreme Court of Arkansas · 1912
  4. Shaw v. PolkSupreme Court of Arkansas · 1922
  5. Price v. GunnSupreme Court of Arkansas · 1914

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