Porter v. Doe on dem. Hanley
Supreme Court of Arkansas
Appeal from. Phillips Circuit Court. This case was before this Court, reported in 3 Arks. p. 18. The cause being remanded, there was a trial and judgment for the defendants below; the Court granted a new trial to which the defendants excepted. Upon the new trial, the evidence was substantially the same, and presented the same question, as reported in 3 Arks. p. 18. The plaintiffs claimed as the heirs and the defendants as the grantees of Sylvanus Phillips.
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Appeal from. Phillips Circuit Court. This case was before this Court, reported in 3 Arks. p. 18. The cause being remanded, there was a trial and judgment for the defendants below; the Court granted a new trial to which the defendants excepted. Upon the new trial, the evidence was substantially the same, and presented the same question, as reported in 3 Arks. p. 18. The plaintiffs claimed as the heirs and the defendants as the grantees of Sylvanus Phillips. The deed from Phillips to Kendrick & Fisher, dated October 1st, 1830, was offered in evidence by the defendants, and excluded. The…
1Opinion of the CourtJustice WalKER
' This case is a second time before us upon appeal. Its earlier history and the decision of the Court upon it will be found in 3 Arkansas Rep. 18.
The counsel for the appellant has argued at some length, the mnim question decided by this Court upon the first appeal, and asks that we review that decision for the purpose of correcting what he assumes as error in the decision. We have duly considered this proposition (for the question is not raised by the assignment of errors) and inasmuch as the decisions of this Court have not been altogether uniform on this point, we will proceed to review…
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