McDaniel v. Conlan
Supreme Court of Arkansas
Appeal from Lee Chancery Court; E. D. Robertson, Chancellor; 1. The probate court had no authority to make the order vesting the title to real estate in the appellee, Effie Conlan. 79 Ark. 112; 70 Id. 25; 92 Id. 143. No compliance was had with Kirby’s Digest, § § 2720-1-2. 2. Under stipulation of counsel and depositions no service, personal or constructive, was had on appellant.
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Appeal from Lee Chancery Court; E. D. Robertson, Chancellor; 1. The probate court had no authority to make the order vesting the title to real estate in the appellee, Effie Conlan. 79 Ark. 112; 70 Id. 25; 92 Id. 143. No compliance was had with Kirby’s Digest, § § 2720-1-2. 2. Under stipulation of counsel and depositions no service, personal or constructive, was had on appellant. K. & C. Dig., § 5153. She was a resident of Lee County. 3. The widow takes subject to the deed of trust. Mrs. Conlan joined in the deed of trust to Groodman (Bros, and released all homestead and dower rights. On the…
1Opinion of the Court
¡WOOD, J.
This suit was instituted by the appellant against the appellees to quiet the title to and to recover the possession of certain lands in Lee County, and judgment was also asked for the rents and profits during the time that the appellant alleged that she had been deprived of the use of the lands.
The facts are substantially as follows: James Conlan owned the lands in controversy. He died intestate and in possession of the same in 1885. Surviving him was his widow, Mrs. O. Y. Conlan, and appellant, and James G. Conlan, his children. On March 5, 1907, Mrs. O. V. Conlan, the appellant,…
2Cases cited9 opinions
- Gainus v. CannonSupreme Court of Arkansas · 1884
- Tillar v. BassSupreme Court of Arkansas · 1893
- Turner v. VaughanSupreme Court of Arkansas · 1878
- Williams v. DorrisSupreme Court of Arkansas · 1876
- Brooks v. GoodwinSupreme Court of Arkansas · 1916
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3Cited by5 opinions
- Smith v. Flash TV Sales and Service, Inc.Court of Appeals of Arkansas · 1986
- Hughes v. CordellSupreme Court of Arkansas · 1927
- McDaniel v. RichardsSupreme Court of Arkansas · 1920
- Kelley v. AckerSupreme Court of Arkansas · 1950
- Ogden v. WattsSupreme Court of Arkansas · 1932