Mathews v. Marks
Supreme Court of Arkansas
APPEAL from Dorsey Circuit Court in Chancery. Hon. J. M. Bradley, Circuit Judge. The demurrer admits that appellant is the owner of the land, and that the sheriff’s deed is a cloud upon his title, and that said deed was procured by fraud and misrepresentation. This makes a case for a court of chancery. It is the only forum to afford the relief prayed. 2If. Ark., lf.31; 29 lb., 612; see also 19 Ark., 139, which we think is conclusive.
1Opinion of the CourtSmith, J.
This was a bill to remove a cloud from the title to lands. The plaintiff alleges that he is the legal owner in fee of the lands, and the cloud he complains of is cast by a sheriff’s deed based upon a judgment and execution against him. He avers the nullity of said judgment on account of the non-service of process in the action, whereby he had no day in court. It is not disclosed who is in possession of the lands, or whether they are occupied at all.
The bill was dismissed upon demurrer, the plaintiff having declined to amend.
A party who sues in equity to remove a cloud upon his title must be…
2Cases cited1 opinion
- Lewis v. CocksSupreme Court of the United States · 1874
3Cited by7 opinions
- Rowe v. AllisonSupreme Court of Arkansas · 1908
- Chapman & Dewey Land Co. v. BigelowSupreme Court of Arkansas · 1906
- St. Louis Refrigerator & Wooden Gutter Co. v. ThorntonSupreme Court of Arkansas · 1905
- McKim v. McLineySupreme Court of Arkansas · 1971
- Pearman v. PearmanSupreme Court of Arkansas · 1920
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