Little Rock Junction Ry. v. Burke
Court of Appeals for the Eighth Circuit
Appeal from the Circuit Court of tbe United- States for tlie Eastern District of Arkansas. John Burke, the appellee, claiming to be the owner by inheritance of the south part of lot 6 in block 1 of Pope's addition to the city of Little Rock, Ark., filed a complaint against the Little Rock Junction Railway, hereafter termed the “Railway Company,” to establish his title thereto, and to recover the premises from the possession of the defendant.
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Appeal from the Circuit Court of tbe United- States for tlie Eastern District of Arkansas. John Burke, the appellee, claiming to be the owner by inheritance of the south part of lot 6 in block 1 of Pope's addition to the city of Little Rock, Ark., filed a complaint against the Little Rock Junction Railway, hereafter termed the “Railway Company,” to establish his title thereto, and to recover the premises from the possession of the defendant. The bill averred, in substance, that the railway company was in possession of the land under a conveyance from E¡. S. Stiewell; that said Stiewell…
1Opinion of the Court
THAYER. Circuit Judge,
after stating the case as above, delivered the opinion of the court.
It is manifest from an examination of the record in the case at bar that the circuit court found and decided that the decree of the Pulaski chancery court condemning the land in controversy to be sold for the nonpayment of taxes was utterly void for want of jurisdiction: and that issue as to the validity of the decree of the chancery court appears to have been tried and determined by the circuit .court solely upon an inspection of the record in the tax suit. No evidence seems to have been offered for the…
2Cases cited15 opinions
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