Alexander v. Hardin
Supreme Court of Arkansas
APPEAL from Craighead Circuit Court, Jonesboro District. Francis Johnson, Special Judge. The deed recited no authority to convey the ward’s land. Prima facie it did not pass the ward’s title. The sale was never confirmed. Incompetency in the party making the sale is a jurisdictional defect. Freeman, Void Jud.
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APPEAL from Craighead Circuit Court, Jonesboro District. Francis Johnson, Special Judge. The deed recited no authority to convey the ward’s land. Prima facie it did not pass the ward’s title. The sale was never confirmed. Incompetency in the party making the sale is a jurisdictional defect. Freeman, Void Jud. Sales, sec. 10; 10 Tex., 319; 34 Miss., 314. At that time, it is true, there was no statute prohibiting a feme covert from acting as guardian, so we must see how the chancery courts dealt with a female guardian when she married. See 1 Beav., 347; 19 Ind., 88; 1 Paige, 488; 29 Miss., 195.…
1Opinion of the CourtHughes, J.
The appellant sued in ejectment to recover lands described in his complaint, which he claimed by inheritance from his father, James A. Alexander. Judgment was rendered for the appellee, Mrs. Lydia C. Hardin, the real defendant, from which he appealed.
Mrs. Hardin, in her defense to the action, admitted that she was in possession, and claimed to be the owner of the lands under a deed of conveyance, duly recorded, made to her by her husband, since deceased, on the 7th day of July, 1873, and averred that he derived title to the same by conveyance executed to him by Merrill Witt and his wife,…
2Cited by14 opinions
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- Collins v. Paepcke-Leicht Lumber Co.Supreme Court of Arkansas · 1905
- Velma Carroll v. J. B. McLeodTexas Supreme Court · 1939
- Spade v. MortonSupreme Court of Oklahoma · 1911
- Faulkner v. FeazelSupreme Court of Arkansas · 1914
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