State v. Morgan
Supreme Court of Arkansas
APPEAL from Independence Circuit Court. R. H. Powell, Judge. There is no allegation in the answer that a sale of the land was ever made to Morgan, by any person, or in any manner known to the law, or that he ever did, in fact, purchase the land. The answer was not responsive to the complaint, and did not show a prima facie title. Mansf Dig., sec. 2632. There never was a sale of the land to Morgan. The whole proceedings were wholly without authority of law.
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APPEAL from Independence Circuit Court. R. H. Powell, Judge. There is no allegation in the answer that a sale of the land was ever made to Morgan, by any person, or in any manner known to the law, or that he ever did, in fact, purchase the land. The answer was not responsive to the complaint, and did not show a prima facie title. Mansf Dig., sec. 2632. There never was a sale of the land to Morgan. The whole proceedings were wholly without authority of law. Gantfs Digest, secs¿ 556o! S56?> 55Ó8-, el°- The Collector is the only person authorized to sell school lands, and he only on the terms,…
1Opinion of the CourtHemingway, J.
The State of Arkansas brought suit in the Independence Circuit Court to recover of Thomas J. Morgan a section of common school land.
The defendant filed his answer to the complaint, to which a demurrer was interposed. The demurrer was overruled, and the cause tried upon the pleadings and exhibits; there was verdict and judgment for defendant, from which the State prosecutes this appeal.
The court treated the answer as a complete bar to plaintiff’s right to recovery, and we are now called’to decide whether this was error.
The complaint alleges that the plaintiff is the owner of the land, and that…
2Cases cited2 opinions
- Robert Y. Brent, Surviving of Robert Brent, Use of the United States v. The President and Directors of the Bank of WashingtonSupreme Court of the United States · 1836
- Rowsey v. LynchSupreme Court of Missouri · 1876
3Cited by7 opinions
- State v. Arkansas Brick & Manufacturing Co.Supreme Court of Arkansas · 1911
- Bitter v. Bexar CountyCourt of Appeals of Texas · 1924
- State v. GuthrieSupreme Court of Arkansas · 1941
- State v. Red River Lumber Co.Supreme Court of Minnesota · 1909
- Williams v. CampbellSupreme Court of Arkansas · 1973
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