Legal Opinion

Stuckey v. Lockard

Supreme Court of Arkansas

Decided July 13, 1908PublishedCited by 10 opinions

■ Appeals from Jackson Chancery Court: George T. Humphries, Chancellor; STATEMENT BY THE COURT. Separate appeals were taken in these cases, but they have been abstracted and briefed and considered together. No. 135 is for the recovery by the heirs at law of Adam Bach of lot 3, block 30, Davis’ Addition to the city of Newport, which had been sold to Geo. K. Stephens as hereinafter explained.

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■ Appeals from Jackson Chancery Court: George T. Humphries, Chancellor; STATEMENT BY THE COURT. Separate appeals were taken in these cases, but they have been abstracted and briefed and considered together. No. 135 is for the recovery by the heirs at law of Adam Bach of lot 3, block 30, Davis’ Addition to the city of Newport, which had been sold to Geo. K. Stephens as hereinafter explained. No. 143 is for the recovery by the said heirs of lot 2, same block, which had been sold to Lynn Turley. The appellee’s counsel thus state the case: “These suits were brought by the heirs at law of Adam…

1Opinion of the Court

Hill, C. J.,

(after stating the facts). 1. So far as the appeal in case No. 143, designated in the statement of facts as the Turley case, is concerned, the decree must be affirmed because it shows that the case was heard upon certain testimony which is preserved in the record and the oral testimony of various witnesses which is not made part of the record. There is no bill of exceptions preserving the-oral testimony, and the presumption is that, the oral testimony would sustain the decree. It is not contended that the complaint does not state a cause of action or that the decree is beyond the…

2Cases cited3 opinions

  1. Williams v. RhodesIllinois Supreme Court · 1876
  2. Cook v. MartinSupreme Court of Arkansas · 1905
  3. Wilson v. AnthonySupreme Court of Arkansas · 1857

3Cited by10 opinions

  1. American Mortgage Co. v. WilliamsSupreme Court of Arkansas · 1912
  2. Davis v. HarrellSupreme Court of Arkansas · 1911
  3. Bradley Lumber Co. of Ark. v. BurbridgeSupreme Court of Arkansas · 1948
  4. Holloway v. EagleSupreme Court of Arkansas · 1918
  5. Bradley Lumber Co. v. HamiltonSupreme Court of Arkansas · 1913

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