King v. Harris
Supreme Court of Arkansas
Appeal from Washington Circuit Court; Jos. S. Maples, Judge; 1. The complaint was regularly filed and stated a good cause of action. Defendants were duly served but made default. Appellant was entitled to judgment by default. Kirby’s Digest, § 6188. 2. The State was not made a party. The judgment of the Madison Circuit Court purporting to escheat the land is void.
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Appeal from Washington Circuit Court; Jos. S. Maples, Judge; 1. The complaint was regularly filed and stated a good cause of action. Defendants were duly served but made default. Appellant was entitled to judgment by default. Kirby’s Digest, § 6188. 2. The State was not made a party. The judgment of the Madison Circuit Court purporting to escheat the land is void. Kirby’s Digest, § § 3031, 4919, 4924. The court had no jurisdiction. 147 S. W. 438; 59 Ark. 483; 54 Id. 627, 643; 51 Id. 34; 52 Id. 312; 48 Id. 238; Kirby’s Dig., § § 3029, 3039. 3. The -lands did not escheat. 57 Ark. 49; 31 Id.…
1Opinion of the Court
SMITH, J.(1) Appellant filed his complaint in ejectment in the circuit court of Madison County against J. C. Harris and George Fullerton, in which he sought to recover the possession of certain lands situated in that county. He deraigned title by descent as the only heir at law of one S. S. Smith, who, according to the allegations of the complaint, had died seized and possessed of the land sued for. Harris and Fullerton did not appear and made no defense whatever to the action. But J. S. Combs, prosecuting attorney for the Fourth Judicial District, in which Madison County is located, appeared…
2Cases cited3 opinions
- Jacks v. MooreSupreme Court of Arkansas · 1878
- Blake v. ScottSupreme Court of Arkansas · 1909
- Grimmett v. AskewSupreme Court of Arkansas · 1886
3Cited by4 opinions
- Missouri Pacific Railroad Co. v. HenrySupreme Court of Arkansas · 1934
- Arkansas Game & Fish Comm'n v. ParkerSupreme Court of Arkansas · 1970
- Southeast Construction Co. v. WoodSupreme Court of Arkansas · 1954
- State v. Pacific Live Stock Co.Oregon Supreme Court · 1919