McLaughlin v. McCrory
Supreme Court of Arkansas
CERTIORARI to Woodruff Circuit Court in chancery. Matthew T. Sanders, Judge. 1. The judgment is void for want of jurisdiction over the person of the petitioner. This was not brought for the recovery of land or any interest therein (Mansf. Dig., sec. 4994, sub-division 1), but to cancel title or remove a cloud, and is transitory, and the court must have jurisdiction of the person. 6 Cranch, 148; 18 How., 263 ; 42 Ark., 446; 4 Pet., 466; 9 Wall., 812 ; 95 U. S., 714; 6 Whart.
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CERTIORARI to Woodruff Circuit Court in chancery. Matthew T. Sanders, Judge. 1. The judgment is void for want of jurisdiction over the person of the petitioner. This was not brought for the recovery of land or any interest therein (Mansf. Dig., sec. 4994, sub-division 1), but to cancel title or remove a cloud, and is transitory, and the court must have jurisdiction of the person. 6 Cranch, 148; 18 How., 263 ; 42 Ark., 446; 4 Pet., 466; 9 Wall., 812 ; 95 U. S., 714; 6 Whart. (Pa.), 392. See also 47 Ark., 86. • 2. The decree of a State court for the removal of a cloud upon title to land in the…
1Opinion of the CourtCockrill, C. J.
This is a petition to this court for a writ of certiorari presented by McLaughlin to quash a judgment against him, rendered by the Woodruff circuit court. Mc-Crory was the judgment plaintiff. He filed his complaint against McLaughlin, alleging that the latter had obtained from him through fraud a deed to lands lying in Woodruff county, of which he, McCrory, was the owner.
x. jurisdiction-of State courts-overland titles, The facts in relation to the fraud were spcifically set forth, It being made to appear that McLaughlin was a non-resident of the State, he was summoned by warning order. He…
2Cases cited4 opinions
- Arndt v. GriggsSupreme Court of the United States · 1890
- Hart v. SansomSupreme Court of the United States · 1884
- Carpenter v. StrangeSupreme Court of the United States · 1891
- Cooley v. ScarlettIllinois Supreme Court · 1865
3Cited by17 opinions
- The Title & Document Restoration Co. v. KerriganCalifornia Supreme Court · 1906
- State Ex Rel. Truitt v. District Court of Ninth Judicial Dist.New Mexico Supreme Court · 1939
- Cable v. CableWest Virginia Supreme Court · 1949
- Harris v. SmithSupreme Court of Arkansas · 1918
- Holt v. Werbe Werbe v. HoltCourt of Appeals for the Eighth Circuit · 1952
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