Evans v. Davis
Supreme Court of Arkansas
Appeal from Ashley Chancery Court; M. L. Hawkins, Chancellor; 1. The only remedy of the idiot is appeal. Kirby’s Digest, § 4431, subdiv. 5; 79 Ark. 194-200. 2. The appeal could be taken at any time during the disability. 80 Ark. 519; 71 Id. 172; 22 Cyc. Law and Prac., p. 1247; 2 Cent. Ed. Am.
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Appeal from Ashley Chancery Court; M. L. Hawkins, Chancellor; 1. The only remedy of the idiot is appeal. Kirby’s Digest, § 4431, subdiv. 5; 79 Ark. 194-200. 2. The appeal could be taken at any time during the disability. 80 Ark. 519; 71 Id. 172; 22 Cyc. Law and Prac., p. 1247; 2 Cent. Ed. Am. Digest, p. 2251, §§ 1910-11. 3. The order to sell the lands was void. 80 Ark. 519; 43 Id. 427; 56 Id. 419-23. Where the decree is not responsive to the issue it is void. 81 Ark. 440-62; 87 Id. 206-10. The lower court ordered an idiot’s land to be sold without a foundation, no evidence whatever as to tax.…
1Opinion of the CourtMcCulloch, C. J.
This is an appeal by a person of unsound mind, now under guardianship, from a decree rendered in the chancery court of Ashley County in the year 1901. The suit was one instituted in said chancery court for appellant by next friend to quiet title to three tracts of land in that county .aggregating 324 acres. Appellant was not under guardianship at that time and, as before stated, he sued by his next friend, alleging that he inherited the land in controversy from his father, J. J. Wood, who died on March 15, 1870, seized .and possessed thereof. All of appellees, as well as certain other…
2Cases cited7 opinions
- Boyd v. RoaneSupreme Court of Arkansas · 1887
- Pillow v. SentelleSupreme Court of Arkansas · 1887
- Dodson v. ButlerSupreme Court of Arkansas · 1912
- Martin v. GwynnSupreme Court of Arkansas · 1909
- State ex rel. Luck v. AtkinsSupreme Court of Arkansas · 1890
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3Cited by5 opinions
- Selig v. BarnettSupreme Court of Arkansas · 1961
- Smiley v. SmileySupreme Court of Arkansas · 1970
- Smith v. SmithSupreme Court of Arkansas · 1962
- Hudson v. Union & Mercantile Trust Co.Supreme Court of Arkansas · 1921
- Crawley v. NealSupreme Court of Arkansas · 1922