McFarlane v. Grober
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court in Chancery. Styles T. Rowe, Judge. STATEMENT BY THE COURT. Emile Grober was the owner of a tract of land in Sebastian county, containing about 200 acres, which she had purchased from the United States. She was an unmarried woman, and died in February, 1867, intestate and without issue, leaving surviving her father, John C. Grober, and a sister and brother named Theresa and Rhinehold Grober, respectively.
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Appeal from Sebastian Circuit Court in Chancery. Styles T. Rowe, Judge. STATEMENT BY THE COURT. Emile Grober was the owner of a tract of land in Sebastian county, containing about 200 acres, which she had purchased from the United States. She was an unmarried woman, and died in February, 1867, intestate and without issue, leaving surviving her father, John C. Grober, and a sister and brother named Theresa and Rhinehold Grober, respectively. After the death of Emile Grober, her father took possession of the land, and claimed to be the owner thereof. He sold the land to Malinda Jackson, and…
1Opinion of the Court
Riddick, J.,
(after stating the facts.) This was an action of ejectment, which was, on motion of the defendant, transferred to the equity docket, and tried as an equity case by the judge of the circuit court. But an examination of the defense set up by the answer shows, as we think, no sufficient ground for the transfer of the case of the equity docket. The defenses set up in the answer were legal defenses. The answer presented no defense calling for equitable relief, and the case should have been tried at law. But, though the plaintiff objected to the transfer of the case to the equity…
2Cases cited6 opinions
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3Cited by12 opinions
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