Waldo v. Thweatt
Supreme Court of Arkansas
Appeal from Prairie Circuit Court in Cbancery, Southern District. Thomas C. Trimble, Special Judge. There was an affidavit and prayer for appeal, and it should have been disposed of. The constitution provides for appeals as a right. Const, art. 7, § 33. This right is preserved in the act of December 14, 1875, § 17,.page 126, creating the court of common pleas. Courts of common pleas have no jurisdiction of questions involving title to or liens on land.
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Appeal from Prairie Circuit Court in Cbancery, Southern District. Thomas C. Trimble, Special Judge. There was an affidavit and prayer for appeal, and it should have been disposed of. The constitution provides for appeals as a right. Const, art. 7, § 33. This right is preserved in the act of December 14, 1875, § 17,.page 126, creating the court of common pleas. Courts of common pleas have no jurisdiction of questions involving title to or liens on land. Const., art. 7, § 32; Acts 1875, § 3, p. 124. An interplea is an independent action (38 Ark. 329; 11.id. 180), but the same prohibition as to…
1Opinion of the CourtWood, J.
This is a suit in chancery to avoid and set aside a judgment of the court of common pleas, and for canceling a deed obtained by a sale of certain land under said judgment; also to restrain a sale of tbe said land under a decree for partition. The case was determined upon demurrer to the complaint. Of the grounds alleged for the relief sought only the following need be discussed:
“1. Because the court, in ordering the sale of the said land, exceeded its jurisdiction.”
The act creating this court of common pleas (Act December-14, 1875, § 3, p. 124), provides “that said courts shall have…
2Cases cited1 opinion
- Dyer v. JacowaySupreme Court of Arkansas · 1883
3Cited by8 opinions
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- Jett v. Theo. Maxfield Co.Supreme Court of Arkansas · 1906
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