Legal Opinion

Pillow v. King

Supreme Court of Arkansas

Decided February 20, 1892PublishedCited by 5 opinions

APPEAL from Lee Circuit Court in chancery. Matthew T. Sanders, Judge. The decree in the Tennessee case is not res adjudicata, and does not estop appellant from prosecuting this appeal. The title to lands must be determined by the courts of the State where the lands lie. 27 Ark., 486; 15 How., 244; f C. E. Green, 115; 1 Hawks, 365 ; 6 Pet., 399; Story, Conf. Laws, sec. 543; Cooley, Const.

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APPEAL from Lee Circuit Court in chancery. Matthew T. Sanders, Judge. The decree in the Tennessee case is not res adjudicata, and does not estop appellant from prosecuting this appeal. The title to lands must be determined by the courts of the State where the lands lie. 27 Ark., 486; 15 How., 244; f C. E. Green, 115; 1 Hawks, 365 ; 6 Pet., 399; Story, Conf. Laws, sec. 543; Cooley, Const. Lim., 491—2; 1 Black on Judg., 240; 38 111., 316. The delivery of the deed was the-issue in Tennessee case, and it directly involved the title to the land in controversy, and is not binding on Mrs. Pillow. 2.…

1Opinion of the Court

Hemingway, J..

King brought this suit against Mrs. Pillow in the Lee circuit court on the 27th of October, 1888, for an accounting and to set aside, as a cloud upon his title, a deed to lands in that county, purporting to have been executed from him to her in July, 1886, which she had caused to be recorded.

She filed her answer on the 20th day of July, 1889, and disclaimed any right to the land by virtue of the deed assailed in the complaint; she set up title to the land under a deed which, as she alleged, King executed and delivered to her in November, 1885, in satisfaction of a debt of ten…

2Cases cited4 opinions

  1. Russell v. PlaceSupreme Court of the United States · 1877
  2. Massie v. WattsSupreme Court of the United States · 1810
  3. Carpenter v. StrangeSupreme Court of the United States · 1891
  4. Williams v. . FitzhughNew York Court of Appeals · 1868

3Cited by5 opinions

  1. Rosenbaum v. EvansWashington Supreme Court · 1911
  2. Church v. GallicSupreme Court of Arkansas · 1905
  3. Bowler v. First National BankSouth Dakota Supreme Court · 1907
  4. Ladd v. LaddSupreme Court of Arkansas · 1979
  5. Fegan v. AndersonSupreme Court of Arkansas · 1917

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