Legal Opinion

Martin v. Gwynn

Supreme Court of Arkansas

Decided March 22, 1909PublishedCited by 13 opinions

Appeal from Greene Chancery Court; Edward D. Bobertson. Chancellor; STATEMENT by the court. On the 22d day of December, 1886, W. H. Martin and wife conveyed 120 acres of land in Clay County to their son, Edgar C. Martin, by warranty deed, which was recorded on the 27th day of December, 1886. W. H. Martin continued in possession of the land and claimed to be the owner thereof after this deed to his son was executed.

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Appeal from Greene Chancery Court; Edward D. Bobertson. Chancellor; STATEMENT by the court. On the 22d day of December, 1886, W. H. Martin and wife conveyed 120 acres of land in Clay County to their son, Edgar C. Martin, by warranty deed, which was recorded on the 27th day of December, 1886. W. H. Martin continued in possession of the land and claimed to be the owner thereof after this deed to his son was executed. More than a year after-wards, while he was still in possession, he borrowed eight hundred dollars from E. N. Royall and J. A. McNeil, for which he executed to them his note payable…

1Opinion of the Court

Wood, J.,

(after stating the facts.) The court found that “all the service which was had upon the said -Edgar C. Martin was by summons by certified copy of the complaint attached, and made upon him in the State of Illinois, where he then resided, that he had no guardian in the State of Arkansas, and that his regular statutory guardian in the State of Illinois employed an attorney in said cause who filed the answer therein.” 'This service was in compliance with the requirements of section 6053 of Kirby’s Digest, and when service is had in this way “it shall be deemed an actual service of the…

2Cases cited4 opinions

  1. Boyd v. RoaneSupreme Court of Arkansas · 1887
  2. Blanton v. RoseSupreme Court of Arkansas · 1902
  3. Pearson v. VanceSupreme Court of Arkansas · 1908
  4. Richards v. Richards's adm'rCourt of Appeals of Kentucky · 1874

3Cited by13 opinions

  1. King v. WilsonCalifornia Court of Appeal · 1931
  2. Quigley v. HammondSupreme Court of Arkansas · 1912
  3. Hare v. Fort Smith & Western RailroadSupreme Court of Arkansas · 1912
  4. Estes v. LuckySupreme Court of Arkansas · 1918
  5. Ingram v. RaifordSupreme Court of Arkansas · 1927

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