Moore v. Woodall
Supreme Court of Arkansas
APPEAL from Phillips Circuit Court. Hon. J. N. Cypert, Circuit Judge. .1. The Delatour decree was not void. The Court had jurisdiction of the subject matter, to enforce a lien for taxes. Sec. 5238, Gantt’s Digest. Even if Delatour failed to show that he had control or was seized of the lands, as required in Perry v. Shall, 30 Ark. 600, this was not a jurisdictional question, and the decree was simply erroneous, not void.
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APPEAL from Phillips Circuit Court. Hon. J. N. Cypert, Circuit Judge. .1. The Delatour decree was not void. The Court had jurisdiction of the subject matter, to enforce a lien for taxes. Sec. 5238, Gantt’s Digest. Even if Delatour failed to show that he had control or was seized of the lands, as required in Perry v. Shall, 30 Ark. 600, this was not a jurisdictional question, and the decree was simply erroneous, not void. Until set aside or reversed it is conclusive, 6 Eng. 5, 19; 13 Ark. 507. 2. The decree recites that the infant defendants were regularly and legally summoned. 3. Failure to…
1Opinion of the Court
S. W. Williams, Sp. J.
The Plaintiff, John P. Moore, brought an action of ejectment in this case in the Circuit Court of Phillips county against the defendant for certain lands, described in the complaint, lying in that county, to the possession of which plaintiff averred that he was entitled, and that the defendant withheld it. The complaint exhibits, and plaintiff claims title under the following conveyances :
1. A deed to Thomas M. Jacks from Jacob Trieber as commissioner appointed by a decree of the Circuit Court of Phillips County, rendered on the 20th day of May, 1876, in a certain cause…
2Cited by17 opinions
- Rankin v. SchofieldSupreme Court of Arkansas · 1902
- Rankin v. SchofieldSupreme Court of Arkansas · 1905
- McCarter v. NeilSupreme Court of Arkansas · 1887
- Hoyt v. LightbodySupreme Court of Minnesota · 1906
- Spikes v. BeloateSupreme Court of Arkansas · 1943
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