Schofield v. Rankin
Supreme Court of Arkansas
Appeal from Woodruff Chancery Court; John Fletcher; Special Chancellor; 1. The courts have power at any time to amend the record, so as to speak the truth. 40 Ark. 231; 75 Ark. 12; 68 C. C. A. 577- 2. Having found that the record of the decree did not truly reflect the action of the court, it erred in denying the petition on the ground that the judgment and mandate of this court precluded it from considering the questions arising on its finding.
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Appeal from Woodruff Chancery Court; John Fletcher; Special Chancellor; 1. The courts have power at any time to amend the record, so as to speak the truth. 40 Ark. 231; 75 Ark. 12; 68 C. C. A. 577- 2. Having found that the record of the decree did not truly reflect the action of the court, it erred in denying the petition on the ground that the judgment and mandate of this court precluded it from considering the questions arising on its finding. By an appeal the trial court does not lose jurisdiction of its records. They remain within its control and ’custody, and the court has the right as…
1Opinion of the CourtMcCulloch, J.
This is the fourth appearance here of this case in different forms. Rankin v. Schofield, 71 Ark. 168; Rankin v. Schofield, 81 Ark. 440; Rankin v. Fletcher, 84 Ark. 156.
The case came here first on appeal by Sallie Spott Rankin (present appellee) from a consent decree entered by the chancery court directing a sale of the lands in controversy and division of the proceeds. This court .set aside and reversed the decree and remanded the case for further proceedings. The lands' had been sold under the decree, and after the case was remanded Mrs. Rankin filed a petition in the case against the heirs…
2Cases cited8 opinions
- Rankin v. SchofieldSupreme Court of Arkansas · 1905
- Gregory v. BartlettSupreme Court of Arkansas · 1891
- Bobo v. StateSupreme Court of Arkansas · 1882
- Ward v. MagnessSupreme Court of Arkansas · 1905
- Rankin v. SchofieldSupreme Court of Arkansas · 1902
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3Cited by5 opinions
- Johnson v. Cincinnati InsuranceSupreme Court of Arkansas · 2008
- Rushing v. HornerSupreme Court of Arkansas · 1918
- United Drug Co. v. BedellSupreme Court of Arkansas · 1924
- Reynolds v. Union Bank Trust CompanySupreme Court of Arkansas · 1930
- Ferri v. BraunSupreme Court of Arkansas · 1963