Pattison v. Smith
Supreme Court of Arkansas
Appeal from St. Francis Circuit Court; Hance N. Hutton, Judge; In determining whether or not a deed sufficiently describes land, it will be considered in connection with the plats of the government survey. 73 Ark. 221; 40 Ark. 237; 68 Ark. 554. The act of April 2, 1895 (p. 91), contains no limitation upon the right to attack a decree that is void for want of jurisdiction. 83 Ark. 544. If the decrees were not void on their face, plaintiff has the right to attack them in…
Read the full summary
Appeal from St. Francis Circuit Court; Hance N. Hutton, Judge; In determining whether or not a deed sufficiently describes land, it will be considered in connection with the plats of the government survey. 73 Ark. 221; 40 Ark. 237; 68 Ark. 554. The act of April 2, 1895 (p. 91), contains no limitation upon the right to attack a decree that is void for want of jurisdiction. 83 Ark. 544. If the decrees were not void on their face, plaintiff has the right to attack them in equity for fraud or mistake. 70 Ark. 157. The motion to transfer to equity was properly denied. 72 5. W. 992; 71 Ark. 222.…
1Opinion of the Court
Frauenthai,, J.
This was an action of ejectment instituted by appellant to recover a tract of land in St. Francis County, Arkansas. The appellant claimed title to the land by mesne conveyances back to one who in 1838 had purchased the land and obtained a patent therefor from the United States. The appellees claimed title thereto under a deed executed by a commissioner of the St. Francis Chancery Court in pursuance of a decree of said court subjecting said land to sale for the nonpayment of levee’taxes. The appellees objected to the patent and certain deeds upon which appellant founds her…
2Cases cited13 opinions
- Ballard v. HunterSupreme Court of the United States · 1907
- Bank of Pine Bluff v. LeviSupreme Court of Arkansas · 1909
- McCarter v. NeilSupreme Court of Arkansas · 1887
- Ballard v. HunterSupreme Court of Arkansas · 1905
- Porter v. DooleySupreme Court of Arkansas · 1898
8 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Cassady v. NorrisSupreme Court of Arkansas · 1915
- Parker v. SimsSupreme Court of Arkansas · 1932
- Crittenden Lumber Co. v. McDougalSupreme Court of Arkansas · 1911
- Turley v. OwenSupreme Court of Arkansas · 1934
- Estes v. LuckySupreme Court of Arkansas · 1918
14 more not listed; retrieve them via the Exa API.