Carrier v. Comstock
Supreme Court of Arkansas
Appeal from Lee Chancery Court; Edward D. Bob1 ertson, Chancellor; 1. The warning order was not entered of record. 74 Ind. 56; 52 Iowa, 171; 130 N. T. 509; 23 Cyc. 835; 1 Black on Judgments, § 106; 93 Tex. 259; 131 Cal. 552; 34 Cyc. 585; 24 Am. & E. Enc. Law (2 ed.), p. 108; 30 Cal. 539. 2. It was not entered of record before the publication. 55 Ark. 30; 47 Id. 131; 18 Wall.' 372. 3. Mrs.'Comstock is not the heir.
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Appeal from Lee Chancery Court; Edward D. Bob1 ertson, Chancellor; 1. The warning order was not entered of record. 74 Ind. 56; 52 Iowa, 171; 130 N. T. 509; 23 Cyc. 835; 1 Black on Judgments, § 106; 93 Tex. 259; 131 Cal. 552; 34 Cyc. 585; 24 Am. & E. Enc. Law (2 ed.), p. 108; 30 Cal. 539. 2. It was not entered of record before the publication. 55 Ark. 30; 47 Id. 131; 18 Wall.' 372. 3. Mrs.'Comstock is not the heir. The proof is not sufficient to show there were no heirs nor lineal descendants. The burden was upon her. Kirby’s Dig., § 2642;'90 N. C. 385; 48 S. C. 415; 6 Houst. (Del.) 447; 14…
1Opinion of the CourtMcCulloch, C. J.
Appellees instituted an action at law against appellants in the circuit court of Lee County to recover a tract of land containing eighty acres in that county.
Appellants moved to transfer the cause to the chancery court, which motion was granted, and on final hearing a decree was entered in favor of appellees, from which an appeal has been prosecuted.
Appellees assert title to the land under a sale persuant to a decree of the chancery court of Lee County for overdue taxes. Gr. B. Comstock, the husband of Mrs. Mary Comstock, one of the appellees, became the purchaser of the land by an assignment…
2Cases cited4 opinions
- Gregory v. BartlettSupreme Court of Arkansas · 1891
- Taylor v. LeonardSupreme Court of Arkansas · 1910
- Leigh v. TrippeSupreme Court of Arkansas · 1909
- Pope v. CampbellSupreme Court of Arkansas · 1902
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