Flanagan v. Ray
Supreme Court of Arkansas
Appeal from Sebastian Chancery Court, Greenwood District; J. V. Bourland, Chancellor; 1. It was error to transfer the cause to chancery. Plaintiff (appellant) set up a title in ejectment. No equitable defense was set up. 2. It was error to refuse to make McFarlane a party to the action. Defendant made the issue turn upon transactions with McFarlane, who was an indispensable party.
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Appeal from Sebastian Chancery Court, Greenwood District; J. V. Bourland, Chancellor; 1. It was error to transfer the cause to chancery. Plaintiff (appellant) set up a title in ejectment. No equitable defense was set up. 2. It was error to refuse to make McFarlane a party to the action. Defendant made the issue turn upon transactions with McFarlane, who was an indispensable party. See 49 Ark. 87; Kirby’s Dig., § 600; 74 Ark. 414; 86 Ark. 304. 3. The judgment relied on is invalid for failure to show that defendant therein (appellant) was summoned or was present. 4. The judgment relied on was…
1Opinion of the CourtWood, J.
This action was instituted by the appellant against the appellee in the Sebastian Circuit Court. The appellant alleged that he was the owner and entitled to the possession of the west part of section 30, township 8 north, range 30 west, in Sebastian County, Arkansas, containing 37 2/3 acres. Appellant deraigned title through Abram Smith and his wife, who acquired title through Albert Schular. The deed, which was exhibited with his complaint, described the land as follows: West part of the northwest fractional quarter of section 30, township 8 north, range 30 west, containing 37.94 acres,…
2Cases cited10 opinions
- Doe ex dem. Phillips' Heirs v. PorterSupreme Court of Arkansas · 1840
- Rogers v. OgburnSupreme Court of Arkansas · 1915
- Earnest v. St. Louis, Memphis & Southeastern Railway Co.Supreme Court of Arkansas · 1908
- Dowell v. TuckerSupreme Court of Arkansas · 1885
- Smith v. SmithSupreme Court of Arkansas · 1906
5 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Stolz v. FranklinSupreme Court of Arkansas · 1975
- Smith v. Missouri Pacific RailroadSupreme Court of Arkansas · 1927
- Brown v. Arkansas Central Power Co.Supreme Court of Arkansas · 1927
- Elm Springs State Bank v. BradleySupreme Court of Arkansas · 1929
- Central Clay Drainage District v. HunterSupreme Court of Arkansas · 1927
3 more not listed; retrieve them via the Exa API.