Gerstle v. Vandergriff
Supreme Court of Arkansas
Appeal from Benton Circuit Court in Chancery. John N. Tirrman, Judge. statement by the court. The appellee brought this suit against the appellant, and alleged that he was the owner in fee simple and in possession of the following real estate, in Benton county, Arkansas, to-wit, the west half of the northeast quarter of section 30, west half of (he northeast quarter of section 32, in township 21 north, range 28 west, containing 80 acres more or less; that the defendant…
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Appeal from Benton Circuit Court in Chancery. John N. Tirrman, Judge. statement by the court. The appellee brought this suit against the appellant, and alleged that he was the owner in fee simple and in possession of the following real estate, in Benton county, Arkansas, to-wit, the west half of the northeast quarter of section 30, west half of (he northeast quarter of section 32, in township 21 north, range 28 west, containing 80 acres more or less; that the defendant claimed title to said land under a deed issued by the commissioner of state lands of said state to him on the 8th day of…
1Opinion of the CourtHughes, J.
(after stating the facts). It is contended by appellant that the plaintiff’s remedy was purely legal, and that the court should have dismissed the suit for the want of equity, citing Sandels & Hill’s Digest, § 6121. But it is uncertain whether either had actual possession. The defendant made no motion to transfer the cause to the law docket, but submitted to trial in equity, and, having failed there, he now for the first time in this court objects that there was no jurisdiction in equity. He waived his right to, a jury trial by not moving to transfer the case to the law docket. Love v.…
2Cases cited1 opinion
- Love v. BrysonSupreme Court of Arkansas · 1893
3Cited by6 opinions
- Titan Oil & Gas, Inc. v. ShipleySupreme Court of Arkansas · 1975
- Goodrum v. Merchants & Planters BankSupreme Court of Arkansas · 1912
- Sledge-Norfleet Co. v. MatkinsSupreme Court of Arkansas · 1922
- Apple v. AppleSupreme Court of Arkansas · 1912
- Schuman v. MosleySupreme Court of Arkansas · 1952
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