Jones, McDowell & Co. v. Fletcher
Supreme Court of Arkansas
APPEAL from Pulaski Chancery Court. Hon. D. W. CARROLL, Chancellor.' This was a suit brought in Pulaski County, in reference to the title to lands lying in Saline County. The venue in such cases is local, and the Pulaski Chancery Court, therefore, had no jurisdiction.
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APPEAL from Pulaski Chancery Court. Hon. D. W. CARROLL, Chancellor.' This was a suit brought in Pulaski County, in reference to the title to lands lying in Saline County. The venue in such cases is local, and the Pulaski Chancery Court, therefore, had no jurisdiction. Gantts Digest, sec. 4532; Jacks v. Moore, 33 Ark., 31; 1 Jones on Mortgages, sec. 699 ; Fitzgerald v. Beebe, 7 Ark.., 319; Gilchrist v. Patterson, 18 lb., 579; Hewitt v. Wilcox, 1 Met., 155; Pomeroy’s Equity Jar., sec. 135; lb., sec. 166; Bliss on Code Pleading, see. 284; Watts v. Waddell, 6 Pet., 164; Watkins v. Homan, 16 lb.,…
1Dissent
DISSENTING OPINION.
MARTIN, Special Judge.
I regret that I can not concur •with my brother judges, altogether, in the able and exhaustive opinion delivered by the court in this case.
In so far as the opinion holds that the court below had jurisdiction, under the peculiar circumstances, to enjoin the sale made under the Jones, McDowell & Co. mortgages, to take au account as to the extinguishment thereof, and to settle the equities growing out of the partnership alleged in the defendant's answer, it has my concurrence. It seems to me, however, on this branch of the case, that, having all the.…
2Cases cited4 opinions
- Hewitt v. RankinSupreme Court of Iowa · 1875
- Waldron, Isley & Co. v. SimmonsSupreme Court of Alabama · 1856
- Tallman v. FarleyNew York Supreme Court · 1847
- Willis v. FreemanSupreme Court of Vermont · 1861