Mason v. Gates
Supreme Court of Arkansas
Appeal from Prairie Chancery Court; John M. Elliott, Chancellor; The decree below was reversed in this case (82 Ark. 294), and the cause remanded with directions to enter a decree in accordance with the opinion. The chancellor did not conform to the decree and opinion on the former appeal. It should have found for the heirs of the Hannas for lots 7 and 8 and for Mason for lot 6. But he gave no relief except as to Uankford.
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Appeal from Prairie Chancery Court; John M. Elliott, Chancellor; The decree below was reversed in this case (82 Ark. 294), and the cause remanded with directions to enter a decree in accordance with the opinion. The chancellor did not conform to the decree and opinion on the former appeal. It should have found for the heirs of the Hannas for lots 7 and 8 and for Mason for lot 6. But he gave no relief except as to Uankford. A lower court must conform.to the mandate of the superior court. 60 Ark. 50. 1. The chancery court in its decree conformed to the opinion and mandate in 82 Ark. 24 in all…
1Opinion of the CourtFrauenthal, J.
This is the second appeal of this cause to this court. Upon the first appeal, a decision was rendered by this court on April 8, 1907, and the report of our opinion appears in the case of Mason v. Gates, 82 Ark. 294.
In that opinion the nature of this suit is fully set out and also the decision of this court. From this it will appear that the litigation related to certain lots in block number 43 in the town of DeVall’s Bluff, Arkansas, and that the controversy grew out of the fact that there had been two different plats made of this block number 43, upon which the lots had been differently…
2Cases cited8 opinions
- Kelly's Heirs v. McGuireSupreme Court of Arkansas · 1855
- Sannoner v. Jacobson & Co.Supreme Court of Arkansas · 1885
- Asheey v. Little RockSupreme Court of Arkansas · 1892
- Chaffe Bro. v. OliverSupreme Court of Arkansas · 1882
- Mason v. GatesSupreme Court of Arkansas · 1907
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3Cited by8 opinions
- Stolz v. FranklinSupreme Court of Arkansas · 1975
- Erwin v. Allied Van Lines, Inc.District Court, W.D. Arkansas · 1965
- Albersen v. KlankeSupreme Court of Arkansas · 1928
- Baldwin v. BrownSupreme Court of Arkansas · 1924
- Kerr v. KerrSupreme Court of Arkansas · 1962
3 more not listed; retrieve them via the Exa API.