Legal Opinion

Uzzell v. Gates

Supreme Court of Arkansas

Decided April 1, 1912PublishedCited by 5 opinions

Appeal from Prairie Chancery Court; John M. Elliott, Chancellor; 1. The chancery court should have dismissed the cases for want of jurisdiction. The aid of equity may be invoked only where there is no adequate remedy at law. 26 Ark. 649; 65 Ark. 505; 66 Ark. 391, and cases cited. At the time the suits were brought, O. K. Uzzell was in possession of the Martin land, and Gates had an adequate remedy at law.

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Appeal from Prairie Chancery Court; John M. Elliott, Chancellor; 1. The chancery court should have dismissed the cases for want of jurisdiction. The aid of equity may be invoked only where there is no adequate remedy at law. 26 Ark. 649; 65 Ark. 505; 66 Ark. 391, and cases cited. At the time the suits were brought, O. K. Uzzell was in possession of the Martin land, and Gates had an adequate remedy at law. Equity will not remove a cloud upon a title where the defendant is in adverse possession. 56 Ark. 391; 23 Ark. 746; 27 Ark. 414. See also 27 Ark. 233. 2. If Gates ever had any interest in…

1Opinion of the CourtMcCulloch, C. J.

Appellee’s testator, Ferdinand Gates, instituted two actions in the chancery court of Prairie County against appellant, O. K. Uzzell, involving the title to separate tracts of land situated in that county, one tract containing sixty acres, which, for convenience, will be designated the “Martin land,” and the other tract, containing forty acres, will be designated the “Uzzell land.” After the death of Ferdinand Gates, the causes were revived in the name of his executors, and the two actions were consolidated and tried' together, and resulted in a decree in favor of appellees for both tracts of…

2Cases cited1 opinion

  1. Dunlap v. MooseSupreme Court of Arkansas · 1911

3Cited by5 opinions

  1. Hargis v. EdringtonSupreme Court of Arkansas · 1914
  2. Freeman v. KingSupreme Court of Oklahoma · 1925
  3. Lacey v. BennettSupreme Court of Arkansas · 1946
  4. Harrison v. FulkSupreme Court of Arkansas · 1917
  5. Ashmore v. NobleSupreme Court of Arkansas · 1921

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