Legal Opinion

Barringer v. Bratcher

Supreme Court of Arkansas

Decided April 26, 1909PublishedCited by 5 opinions

Appeal from Polk Chancery Court; James D. Shaver, Chancellor; STATEMENT BY THE COURT. This suit was begun in the circuit court, the appellee alleging in his complaint that he was the owner of the lot in controversy by virtue of a deed from the Commissioner of State Lands, executed June 22, 1907, and that the lands were forfeited for the non-payment of the taxes for the year 1904. He alleges that appellants were in the unlawful possession of the lot, prays that he may have…

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Appeal from Polk Chancery Court; James D. Shaver, Chancellor; STATEMENT BY THE COURT. This suit was begun in the circuit court, the appellee alleging in his complaint that he was the owner of the lot in controversy by virtue of a deed from the Commissioner of State Lands, executed June 22, 1907, and that the lands were forfeited for the non-payment of the taxes for the year 1904. He alleges that appellants were in the unlawful possession of the lot, prays that he may have possession, etc., and exhibits his deed with the complaint. The appellants answered, denying appellee’s title, alleging…

1Opinion of the Court

Wood, J.,

(after stating the facts). The recitals of the decree show that the cause was heard upon oral evidence, and that “sixty days were given the defendants in which to prepare and file their bill of exceptions.” We find no bill of exceptions in the record, and nothing in the record proper to show that the decree of the court was erroneous. Where the record shows that the cause in chancery was heard upon oral evidence, and such evidence is not brought into the record by bill of exceptions or otherwise, and there is nothing on the face of the record itself to show that the court erred, it…

2Cases cited1 opinion

  1. Murphy v. Citizens' BankSupreme Court of Arkansas · 1907

3Cited by5 opinions

  1. Bradley Lumber Co. v. HamiltonSupreme Court of Arkansas · 1913
  2. Smith v. Pettus, CuratorSupreme Court of Arkansas · 1943
  3. Whatley v. WhatleySupreme Court of Arkansas · 1943
  4. McCarson v. HankinsSupreme Court of Arkansas · 1944
  5. Diggs v. DiggsSupreme Court of Arkansas · 1910

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