Ft. Smith, Subiaco & Rock Island Railroad v. Lovelady
Supreme Court of Arkansas
Appeal from Logan Circuit Court, Northern District; James Cochran, Judge; The required notice was properly given and the fund was distributed, and a collateral attack could not be made. Black on Judgments, Yol. 1, § 251; 113 IT. S. 179; 108 U. S. 18; 130 TT. S. 482; 138 U. S. 439; 141 IT. S. 260; 144 U. S..75; 141 IT.
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Appeal from Logan Circuit Court, Northern District; James Cochran, Judge; The required notice was properly given and the fund was distributed, and a collateral attack could not be made. Black on Judgments, Yol. 1, § 251; 113 IT. S. 179; 108 U. S. 18; 130 TT. S. 482; 138 U. S. 439; 141 IT. S. 260; 144 U. S..75; 141 IT. S. 475. Tbonp-b a. foreclosure decree is erroneous, it cannot be attacked in the State court. 53 Iowa 202. The court erred iu refusing to make the persons mentioned in the motions, parties to the action. C. & M. Digest, § 1097. Evidence of notice to put in stock gaps should not…
1Opinion of the CourtWood, J.
The appellees instituted an action in the Logan Chancery Court against the appellant — the appellees J. W. Lovelady and A. Newman to recover compensation for the alleged taking of a right-of-way through their lands and damages to the severed parts and appellee J. C. Lovelady for damages to crops on account of the alleged failure of the appellant to put in safe and sufficient stop gaps, and also for damages to his land 'by reason of an alleged overflow washing the same and damages on account of the alleged failure of the appellant to maintain a dirt road-crossing in compliance with an alleged…
2Cases cited1 opinion
- Dozier v. Grayson-McLeod Lumber Co.Supreme Court of Arkansas · 1911
3Cited by1 opinion
- Heinrich v. HeinrichSupreme Court of Arkansas · 1928