Blanton v. Davis
Supreme Court of Arkansas
Appeal from St. Francis Chancery Court; Edward D. Robertson, Chancellor; STATEMENT BY THE COURT. This suit was instituted as an action to redeem from a deed, absolute on its face, which, it is alleged, was intended as a mortgage.
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Appeal from St. Francis Chancery Court; Edward D. Robertson, Chancellor; STATEMENT BY THE COURT. This suit was instituted as an action to redeem from a deed, absolute on its face, which, it is alleged, was intended as a mortgage. The complaint was filed on February 10, 1908, and alleged that on February 17,1897, one T. A. R. Davis was the owner of a certain eighty-acre tract of land in St. Francis county, Ark., and on that date executed a deed of trust to the land which, by successive assignments, became the property of Mrs. M. E. Blanton, on December 7, 1904. That said note being past due…
1Opinion of the Court
Smith, J.,
(after stating the facts). The following provisions are found in Kirby’s Digest:
Section 6023. The defense of an infant must be by his regular. guardian, or by a guardian appointed to defend for him, where no regular guardian appears, or where the court directs a defense by a guardian appointed for that purpose. No judgment can be rendered against an infant until after a defense by a guardian.
Section .6024. The guardian to defend shall be appointed by the court, or by the-judge thereof. The appointment can not be made until after service of the summons in the action. No party or…
2Cases cited1 opinion
- Guardian v. DaviesSupreme Court of Arkansas · 1882
3Cited by6 opinions
- Stephens v. StephensSupreme Court of Arkansas · 1913
- Ross v. StroudSupreme Court of Arkansas · 1927
- Dudley v. DudleySupreme Court of Arkansas · 1916
- Balch v. Leader Federal BankSupreme Court of Arkansas · 1993
- Felchack v. StateCourt of Criminal Appeals of Texas · 1920
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