Griffith v. Sebastian County
Supreme Court of Arkansas
APPEAL from Sebastian Circuit Court, in Chancery, Fort Smith District. R. B. Rutherford, Judge. The county seat was never removed from Greenwood at all (27 Ark., 217), and the acts and proceedings of the commissioners in locating the county seat on the block, and in securing the deed from the plaintiff, was done under a mistake as to their authority — under a mistake of fact as to whether the county seat was removed by the said election.
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APPEAL from Sebastian Circuit Court, in Chancery, Fort Smith District. R. B. Rutherford, Judge. The county seat was never removed from Greenwood at all (27 Ark., 217), and the acts and proceedings of the commissioners in locating the county seat on the block, and in securing the deed from the plaintiff, was done under a mistake as to their authority — under a mistake of fact as to whether the county seat was removed by the said election. Plaintiff never received one cent of consideration for the property, legal or equitable. The case comes fairly within the definition of a legal fraud, and…
1Opinion of the CourtSmith, J.
The bill, filed by Griffith and wife, was as follows :
The plaintiffs for their cause of action state: That for several years prior to the 5th day of March, A. D., 1870, the said Elizabeth was the owner in her own right and seized in fee of a tract of land lying.partly in and adjacent to the city of Fort Smith, part of which has been surveyed in blocks and lots and laid off as an addition to said city, .with streets and alleys, so as to conform to the plat and plan thereof.
That in the year 1868 the citizens of the county of Sebastian aforesaid petitioned the County Court thereof for an…
2Cases cited8 opinions
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- Gibson v. PelkieMichigan Supreme Court · 1877
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3Cited by2 opinions
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