Legal Opinion

Patton v. Wagner

Supreme Court of Arkansas

Decided July 15, 1857PublishedCited by 8 opinions

Appeal from the Circuit Court of St. Francis county, in Chancery. Hon. George W. Beazley Circuit Judge. cited Eq. Dr. 299; 1 Story's Eq. Jur. 646 to 658; 4 Dessau. 86; 3 Am. Ch. Dig. 171, to show that.the Chancery Court has jurisdiction in cases of partition.

1Opinion of the CourtJustice Scott

This was a bill for partition of lands. It seems to have been regularly filed and order of publication was taken against all the defendants as non-residents. No exception seems to have been taken as to the statutory notice. But the Court seems to have proceeded in dismissing the bill upon the ground, that our various statutory provisions as to partition have taken away the original jurisdiction of chancery on this head.

In this the Court below was in error. The statute but cumulates the remedy; and if, nevertheless, a party should elect to seek his remedy in chancery, as these parties seem to…

2Cited by8 opinions

  1. Rankin v. SchofieldSupreme Court of Arkansas · 1905
  2. Dunbar v. BourlandSupreme Court of Arkansas · 1908
  3. Moore v. WilleySupreme Court of Arkansas · 1905
  4. Branton v. BrantonSupreme Court of Arkansas · 1861
  5. City Realty Co. v. S. R. H. Robinson Contracting Co.U.S. Circuit Court for the District of Eastern Arkansas · 1910

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