Legal Opinion

Greenstreet v. Thornton

Supreme Court of Arkansas

Decided March 23, 1895PublishedCited by 10 opinions

Appeal from Sebastian Circuit Court in Chancery, Fort Smith District. Edgar E. Bryant, Judge. STATEMENT BY THE COURT. The appellee, Ada Thornton, a minor, was the owner of a lot in the city of Fort Smith, which was included in an improvement district of said city. An assessment for the benefit of the improvement was made upon said lot, in common with the other lots embraced in the district.

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Appeal from Sebastian Circuit Court in Chancery, Fort Smith District. Edgar E. Bryant, Judge. STATEMENT BY THE COURT. The appellee, Ada Thornton, a minor, was the owner of a lot in the city of Fort Smith, which was included in an improvement district of said city. An assessment for the benefit of the improvement was made upon said lot, in common with the other lots embraced in the district. The assessment upon said lot was not paid, and in 1890 a suit was brought by the board of said improvement district, in the circuit court for the Fort Smith district, to collect the amount of said…

1Opinion of the CourtRiddick, J.

(after stating the facts.) The question before us is whether the decree for the sale of the lot of Ada Thornton was of any validity. The proceedings were regular, except that, instead of Ada Thornton, the owner of the lot, being made a party, George Thornton, a dead man, was named as defendant. It is contended by counsel for appellant that this is a proceeding in rem, that by virtue of the same the court obtained jurisdiction over the lot in question, and that its decree is not void, and not subject to collateral attack. Mr. Black, in his work on Tax Titles, speaks of suits to collect…

2Cases cited5 opinions

  1. Williams v. HudsonSupreme Court of Missouri · 1887
  2. Cain v. GodaIndiana Supreme Court · 1882
  3. McCarter v. NeilSupreme Court of Arkansas · 1887
  4. Paul v. WillisTexas Supreme Court · 1887
  5. Crosley v. HuttonSupreme Court of Missouri · 1889

3Cited by10 opinions

  1. Carton v. Missouri Pacific RailroadSupreme Court of Arkansas · 1988
  2. O'Leary v. Waterbury Title Co.Supreme Court of Connecticut · 1933
  3. Mitchell v. Village Creek Drainage Dist. of Lawrence CountyCourt of Appeals for the Eighth Circuit · 1946
  4. Pinkert v. LambSupreme Court of Arkansas · 1949
  5. Childress v. McManusSupreme Court of Arkansas · 1984

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