Clay v. Bilby
Supreme Court of Arkansas
Appeal from Arkansas Chancery Court. John M. Erriott, Chancellor. The court acquired no jurisdiction by the warning order. 65 Ark. 90; 61 S. W. 918. The proof of the publication of the warning order was insufficient. 65 Ark. 142. A judgment or decree rendered without notice is absolutely void.
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Appeal from Arkansas Chancery Court. John M. Erriott, Chancellor. The court acquired no jurisdiction by the warning order. 65 Ark. 90; 61 S. W. 918. The proof of the publication of the warning order was insufficient. 65 Ark. 142. A judgment or decree rendered without notice is absolutely void. Sand. & H. Dig., § 4190; 49 Ark. 411. The decree does not bind anyone, because the parties are not named. 38 Ark. 438. The five year statute of limitation runs only against parties to the suit in which the sales were made, and not against strangers to the suit. 101 Fed. 97, 98. Overdue tax decrees are…
1Opinion of the CourtBattrr, J.
Matthew Clay, D. D. Saunders and F. V. McFarland instituted a suit in the Arkansas chancery court against J. S. Bilby, and asked the court to quiet title to certain land by setting aside a decree condemning the same to be sold under what is generally known as the “overdue tax act,” and by setting aside the sale thereof in pursuance of such decree. They alleged in their complaint that they were the owners of the land, and, without showing the proceedings of the court under which he claims title, stated that the defendant “is claiming or pretending to claim the title to said land by virtue of…
2Cases cited18 opinions
- Galpin v. PageSupreme Court of the United States · 1874
- Settlemier v. SullivanSupreme Court of the United States · 1879
- Applegate v. Lexington & Carter County Mining Co.Supreme Court of the United States · 1886
- Dick v. ForakerSupreme Court of the United States · 1894
- State v. HillSupreme Court of Arkansas · 1887
13 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Ballard v. HunterSupreme Court of the United States · 1907
- Wallace v. HillSupreme Court of Arkansas · 1918
- Ballard v. HunterSupreme Court of Arkansas · 1905
- McDonald v. Fort Smith & Western RailroadSupreme Court of Arkansas · 1912
- Champion v. WilliamsSupreme Court of Arkansas · 1924
27 more not listed; retrieve them via the Exa API.