Bender v. Bean
Supreme Court of Arkansas
APPEAL from Saline Circuit Court in Chancery. J. B. Wood, Judge. The administration having closed, the Probate Court had no authority to order a sale of the lands. It was without jurisdiction.
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APPEAL from Saline Circuit Court in Chancery. J. B. Wood, Judge. The administration having closed, the Probate Court had no authority to order a sale of the lands. It was without jurisdiction. Const. 1868, art. 12, sec. 5 ; 15 Ark., 412 ; 48 id., 360 ; but if it had authority to sell, title could not be passed by the proceedings had, which were wholly without authority and void. 40 Ark., 220; 7 Tex., 617 ; ib., 240. The pretended “relinquishment” was never confirmed by the Probate Court. 47 Ark., 413. Nor are there any appropriate words to convey title. The Probate Court has no power to…
1Opinion of the CourtCockrill, C. J.
The complaint in this cause was filed for the purpose of effecting a redemption of the lands described therein from tax sales. It alleged that the plaintiffs, Julia and Adelia Bender, Sallie Morris and Maggie Vanlandingham, together with Walter and David Bender and Agnes Douglas, were tenants in common and owners of the lands when they were forfeited for the non-payment of taxes ; that the four-first named were the minor children and heirs of Samuel Bender, deceased, who died seized of the lands, and that the others were the heirs-at-law of Agnes Douglas, who was daughter to Samuel Bender and…
2Cases cited2 opinions
- Craig v. FlanaginSupreme Court of Arkansas · 1860
- St. L., I. M. & S. Ry. v. AlexanderSupreme Court of Arkansas · 1887
3Cited by35 opinions
- Pulaski County v. HillSupreme Court of Arkansas · 1911
- BX CORPORATION v. JeterSupreme Court of Georgia · 1953
- Doup v. AlmandSupreme Court of Arkansas · 1948
- Empire Ranch & Cattle Co. v. LanningSupreme Court of Colorado · 1911
- Wilkins v. MaggardSupreme Court of Arkansas · 1935
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