Cannon v. Lunsford
Supreme Court of Arkansas
Appeal from Craighead Circuit Court in Chancery; James B. Riddick, Judge; 1. The affidavit for warning order, made on some day prior to the filing of the complaint, is not in compliance with the statute, and does not warrant the issuing of a warning order.
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Appeal from Craighead Circuit Court in Chancery; James B. Riddick, Judge; 1. The affidavit for warning order, made on some day prior to the filing of the complaint, is not in compliance with the statute, and does not warrant the issuing of a warning order. Sandels & Hill’s Digest, § 579. 2. The warning order was fatally defective as to Nealey Cannon, her name there appearing as Nellie; and the appointment of guardian ad. litem was likewise defective, her name appearing in that order as Nettie. There is no similarity in the names, and the doctrine of idem sonans does not apply. Anderson’s Law…
1Opinion of the CourtMcCuuroch, J.
In December, 1892, appellee, A. L. Lunsford, filed his complaint in equity against appellant, Ollie Cannon, and his sister, Nealey Cannon, both of whom were non-resident infants, to enforce a vendor’s lien on certain land for the payment of notes executed by their father, J. W. Cannon, to Matthews & Whittaker for the purchase price of said land which was conveyed by the latter to J. W. Cannon, said notes having been transferred to appellee. . J. W. Cannon died before the commencement of the suit, leaving his said two children as only heirs at law. The defendants were brought in by publication…
2Cases cited6 opinions
- Clay v. BilbySupreme Court of Arkansas · 1904
- Rankin v. SchofieldSupreme Court of Arkansas · 1902
- Porter v. DooleySupreme Court of Arkansas · 1898
- Scott v. PleasantsSupreme Court of Arkansas · 1860
- White v. SmithSupreme Court of Arkansas · 1897
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3Cited by3 opinions
- Allen v. AllenSupreme Court of Arkansas · 1916
- Whitford v. WhitfordSupreme Court of Arkansas · 1911
- Scott v. StateSupreme Court of Arkansas · 1959