Burgett v. Williford
Supreme Court of Arkansas
Appeal from Crittenden Circuit Court. The decree in the Ferguson & Hampson case is void. The court never acquired jurisdiction over the minors. They were never served with legal notice, nor does the decree recite that they were, but “as appears and is shown by the return of the sheriff, etc.” A summons must be issued to the sheriff commanding him to summon the defendants therein named. Mansf.
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Appeal from Crittenden Circuit Court. The decree in the Ferguson & Hampson case is void. The court never acquired jurisdiction over the minors. They were never served with legal notice, nor does the decree recite that they were, but “as appears and is shown by the return of the sheriff, etc.” A summons must be issued to the sheriff commanding him to summon the defendants therein named. Mansf. Dig. secs. 4967, 4968. The defense must be by regular guardian if there is one, or by one appointed. No judgment can be rendered against an infant until after defense by g'uardian. Ib. 4957. The…
1Opinion of the CourtHughes, J.
This is a suit in ejectment brought by the appellants to recover of the defendants about three thousand acres of land in Crittenden county, which are described in the complaint. The cause was tried by the court without a jury. The court found the facts, declared the law and gave judgment for the appellants, from which the defendants appealed.
A decree of the Crittenden circuit court in chancery rendered in favor of Daniel L. Ferguson and H. L. Hampson, the vendors of the appellee, Williford’s, intestate, against Peter N. Burgett as administrator and guardian of Bettie, Ida W. and Peter L.…
2Cases cited1 opinion
- Galbreath v. MitchellSupreme Court of Arkansas · 1877
3Cited by10 opinions
- Hoyt v. LightbodySupreme Court of Minnesota · 1906
- Thayer v. . LeggettNew York Court of Appeals · 1920
- Unnever v. StephensCourt of Appeals of Georgia · 1977
- Warner, Trustee v. DaySupreme Court of Oklahoma · 1946
- Chicago, Rock Island & Pacific Railway Co. v. Lena Lumber Co.Supreme Court of Arkansas · 1911
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