Legal Opinion

Wilson v. Spring

Supreme Court of Arkansas

Decided November 15, 1881PublishedCited by 18 opinions

APPEAL from Crawford Circuit Court. Hon. Tiiomas Marcum, Special Judge. 1. The decree alone without the whole of the record and papers was not admissible. To have any validity or effect it was requisite to show that the court had jurisdiction of the defendants as well as of the subject matter. 2 Wharton Ev.,see. 824 et seq.; 1 Greenleaf, 511. The whole record should have been produced or exemplified. 2 Whart.

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APPEAL from Crawford Circuit Court. Hon. Tiiomas Marcum, Special Judge. 1. The decree alone without the whole of the record and papers was not admissible. To have any validity or effect it was requisite to show that the court had jurisdiction of the defendants as well as of the subject matter. 2 Wharton Ev.,see. 824 et seq.; 1 Greenleaf, 511. The whole record should have been produced or exemplified. 2 Whart. Ev,* 824; Jay v. East Livermore, 56 Maine, 107; Hawks v. Truesdell, i9 Mass., 507; Oom. v. Front, 76 Pa., 376; Davidson v. Murphy, 12 Oonn., 213 ; Belding v. Muller, 2 Lansing, 470. 2.…

1Opinion of the CourtEakin, J.

Pauline Gf. Spring sued certain tenants in possi'on, and recovered from appellants who claimed the property in right of the wife, through Hiero T. Wilson, and who came in and defended, the following tracts of land:

S. | of S. E. A, Sec. 19, in T. 9, N. of R. 32 W.

S. £ of S. W. ‡, Sec. 20, in T. 9, N. of R. 32 W.

N. E. £, Sec. 30, in T. 9, N. of R. 32 W.

S. E. A, Sec.' 30, in 0?. 9, N. of R. 32 W.

Aud also :

N. E. ‡; Sec. 29, in T. 9, N. of R. 32 W.

N. W. i, Sec. 29, in T. 9, N. of R. 32 W.

These lands lie in a body, but it wdll be necessary to consider the lists separately, the last two being on…

2Cases cited1 opinion

  1. Kibbe v. DunnU.S. Circuit Court for the District of Illinois · 1873

3Cited by18 opinions

  1. Earle Improvement Co. v. ChatfieldSupreme Court of Arkansas · 1907
  2. Hart v. SternbergSupreme Court of Arkansas · 1943
  3. Haggart v. RanneySupreme Court of Arkansas · 1904
  4. Hinton v. MartinSupreme Court of Arkansas · 1922
  5. Gingles v. RogersSupreme Court of Arkansas · 1943

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