McCombs v. Wall
Supreme Court of Arkansas
Appeal from Ashley Circuit Court. Marcus L. Hawkins, Judge. The previous suit in chancery, involving the same matters as arise in this action, renders them res adjudicatae (2 Black, Judg. §§ 505, 549, 609), and not open to collateral attack. 1 Black, Judg. 193, 194. Limitation was suspended during the pendency of that ease. 7 Am.
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Appeal from Ashley Circuit Court. Marcus L. Hawkins, Judge. The previous suit in chancery, involving the same matters as arise in this action, renders them res adjudicatae (2 Black, Judg. §§ 505, 549, 609), and not open to collateral attack. 1 Black, Judg. 193, 194. Limitation was suspended during the pendency of that ease. 7 Am. St. Rep. 679. The court erred in refusing to instruct the jury that one employed to do all acts connected with a certain subject-matter was, as to such, a general agent. 13 Am. St. Rep. 204; Story, Ag. § 17; Láws. Cont. 169; 1 Am. & Eng. Enc. Law,'348. The court…
1Opinion of the CourtBattle, J.
On the 13th day of November, 1895, Mrs. J. A Wall instituted an action against W. F. McCombs to recover possession of a certain part of the south half of the northeast quarter of section nine in township fourteen south, and' in range four west. She stated in her complaint that Wiley J. Cammack, being seized and possessed of' the land, bargained, sold and delivered it to J. E. Ketchens, on the 27th of November, 1873, and on the same day undertook to convey it to Ketchens by deed, but failed to describe it correctly; that Ketchens took possession of it on the same day, and held actual, adverse,…
2Cases cited2 opinions
- Russell v. PlaceSupreme Court of the United States · 1877
- Dawson v. ParhamSupreme Court of Arkansas · 1892
3Cited by16 opinions
- Carrigan v. CarriganSupreme Court of Arkansas · 1951
- Hastings v. Rose CourtsSupreme Court of Arkansas · 1963
- Fogel v. ButlerSupreme Court of Arkansas · 1910
- JeToCo Corp. v. Hailey Sales Co.Supreme Court of Arkansas · 1980
- Roth v. Merchants' & Planters' BankSupreme Court of Arkansas · 1902
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