Dalton v. Bradley Lumber Co.
Supreme Court of Arkansas
Appeal from Bradley Chancery Court; Z. T. Wood, Chancellor; The order was void as the plaintiffs were under fourteen years of age. It was void on its face. Kirby’s Digest, § 1309; 54 Ark. 627; 123 Ark. 389; 185 S. W. 798; 48 Ark. 305. The order was not void on collateral attack. The court had jurisdiction. 100 Ark. 69; 47 Id. 413.
1Opinion of the CourtSmith, J.
The complaint in this cause alleged that on January 23,1907, the Calhoun Circuit Court made an order removing the disability of minority of four infants, all of whom were, at the time, under the age of fourteen years, for the purpose of enabling them to convey their interest in a tract of land which they had inherited from their father.
A demurrer to this complaint was sustained on the ground that the judgment of the court removing the disabilities of the minors was not subject to the collateral attack here made on it, and this appeal questions the accuracy of that decision.
The exact point was…
2Cases cited1 opinion
- Doles v. HiltonSupreme Court of Arkansas · 1886
3Cited by5 opinions
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- Tays v. JohnsonSupreme Court of Arkansas · 1927