Jimmerson v. Fordyce Lumber Co.
Supreme Court of Arkansas
Appeal from 'Cleveland 'Circuit Court; H. W. Wells, Judge; 1. Tlie plea of res adjudicata can not be sustained. The judgment in ejectment was rendered before the issuance of the patent.
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Appeal from 'Cleveland 'Circuit Court; H. W. Wells, Judge; 1. Tlie plea of res adjudicata can not be sustained. The judgment in ejectment was rendered before the issuance of the patent. The compliance with the homestead laws and the issuance of >a patent constituted a new title never adjudicated. 106 Ark. 125, 131; 98 Id. 33; 94 Id. 221; 39 Id. 120 ; 55 Id. 286; 8 Ark. 344; 95 Id. 438; 71 Id. 491; 149 Fed. 694; 6 Id. 379; 4 OHa. 272; 3 Id. 649; 114 U. S. 47; 116 Id. 48. 1. The plea of res adjudicata was properly sustained. The final judgment in the former case is a complete bar. 4 Wall. 174;…
1Opinion of the CourtMcCulloch, C. J.
This is an ejectment suit, the plaintiff Jimmerson claiming title under a patent issued to him from the general land office of the United States pursuant to a homestead entry made April 4, 1905. The defendant pleads a former adjudication in ¡another action between the parties in bar of the right of the plaintiff to recover in this action.
It appears from the pleadings that the defendant asserted title to the lands in controversy under an entry made with the register .and receiver of the land office of the United 'States anterior to the date of plaintiff’s homestead entry. Plaintiff took…
2Cases cited5 opinions
- Gibson v. ChouteauSupreme Court of the United States · 1872
- Stark v. StarrsSupreme Court of the United States · 1868
- Hussman v. DurhamSupreme Court of the United States · 1897
- Daniel v. GarnerSupreme Court of Arkansas · 1903
- Jimmerson v. Fordyce Lumber Co.Supreme Court of Arkansas · 1913
3Cited by5 opinions
- Howard-Sevier Road Improvement District No. 1 v. HuntSupreme Court of Arkansas · 1924
- Thomas v. McCullumSupreme Court of Arkansas · 1940
- Williams v. CampbellSupreme Court of Arkansas · 1973
- Henderson v. EllisCourt of Appeals of Arkansas · 1984
- Page v. American Bank of Commerce & Trust Co.Supreme Court of Arkansas · 1925