Huggins v. Dabbs
Supreme Court of Arkansas
Appeal from Franklin Circuit Court, Ozark District. Hugh F. Thomason, Judge. 1. Tke service upon the minor defendants was strictly in conformity to the code. Mansf. Dig. sec. 4983. 2. This court will disregard errors or defects which do not affect the substantial rights of parties. Mansf. Dig. sec. 5083. One copy served upon the mother, where the minors are all under her care, is a substantial compliance with the statute. Mansf.
Read the full summary
Appeal from Franklin Circuit Court, Ozark District. Hugh F. Thomason, Judge. 1. Tke service upon the minor defendants was strictly in conformity to the code. Mansf. Dig. sec. 4983. 2. This court will disregard errors or defects which do not affect the substantial rights of parties. Mansf. Dig. sec. 5083. One copy served upon the mother, where the minors are all under her care, is a substantial compliance with the statute. Mansf. Dig. sec. 6344, etc. 3. On failure of a sheriff to make his return of record, oral proof is admissible to show the facts. Freeman on Judg'. sec. 72. 4. If the summons…
1Opinion of the CourtPowEEE, J.
Appellees, the heirs of T. R. Dabbs, deceased, sue appellants, the heirs of J. M. Huggins, deceased, in ejectment for certain lands described in their complaint, claiming title by inheritance from their father, T. R. Dabbs.
Appellants’ answer denied the title of plaintiffs, and set up title in themselves as heirs at law of J. M. Huggins, and alleged that T. R. Dabbs, in his life time, was indebted to their father in a large sum, and, to secure the payment of said indebtedness, executed a deed of mortgage to J. M. Huggins (their father), on the lands sued for, which was duly acknowledged and…
2Cases cited1 opinion
- Boyd v. RoaneSupreme Court of Arkansas · 1887
3Cited by4 opinions
- Morrison v. MorrisonWashington Supreme Court · 1901
- Purcell v. GannSupreme Court of Arkansas · 1914
- Winfrey v. People's Savings BankSupreme Court of Arkansas · 1928
- Holt v. ManuelSupreme Court of Arkansas · 1932