Legal Opinion

Caldwell v. Barrett

Supreme Court of Arkansas

Decided April 18, 1903PublishedCited by 9 opinions

Appeal from Chicot Circuit Court. Zaohariah T. Wood, Judge. Judge Springer was a judge de facto. 63 Ark. 1; 48 Yrk. 227; 49 Ark. 439; 38 Conn. 449; 3 S. E. 849; 8 Paige, 428; 4 t. Y. Ch. 490; 15 Pac. 778; 92 Cal. 31; 33 Pac. 732; 91 U. S. 594; 32 Atl. 484; 19 Ark. 46; 49 Ark. 439. One may always depend on the judgments of court fair on their face.

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Appeal from Chicot Circuit Court. Zaohariah T. Wood, Judge. Judge Springer was a judge de facto. 63 Ark. 1; 48 Yrk. 227; 49 Ark. 439; 38 Conn. 449; 3 S. E. 849; 8 Paige, 428; 4 t. Y. Ch. 490; 15 Pac. 778; 92 Cal. 31; 33 Pac. 732; 91 U. S. 594; 32 Atl. 484; 19 Ark. 46; 49 Ark. 439. One may always depend on the judgments of court fair on their face. Black, Interpretation of Statutes, § 153. No one can base a claim on the erroneous decision of a court. 47 Ark. 359; 43 Ark. 514; 47 Ark. .369; 7 Ark. -209. Judgments of de facto judge can not be attacked collaterally. 1 Black, Judg., § 266; 49 Ark.…

1Opinion of the CourtBunn, C. J.

The appellees, Barrett & Turner, brought this suit in ejectment against the defendants, A. S. Caldwell, Lott Morris and D. G. McRae, in the Chicot circuit court, March 17th, 1900, for the recovery of the west half of section 17 and the north fractional half of the north half of section 30, township 14 south, range 2 west, containing 1414.66 acres more or less.

These lands were originally granted to the state, September 29, 1850, as swamp lands, and were subsequently confirmed to the state, and by the state sold to Thomas J. Barrett and Oscar Turner, Sr., on the 13th of December, 1859. And…

2Cases cited2 opinions

  1. State ex rel. Butler v. WilliamsSupreme Court of Arkansas · 1886
  2. Streett v. ReynoldsSupreme Court of Arkansas · 1896

3Cited by9 opinions

  1. Titan Oil & Gas, Inc. v. ShipleySupreme Court of Arkansas · 1975
  2. Watson v. StateSupreme Court of Arkansas · 1987
  3. Howell v. Howell Stevens v. StevensSupreme Court of Arkansas · 1948
  4. Pope v. PopeSupreme Court of Arkansas · 1948
  5. Landthrip v. City of BeebeSupreme Court of Arkansas · 1980

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