Apel v. Kelsey
Supreme Court of Arkansas
APPEAL from Arkansas Circuit Court. John A. Williams, Judge. The land in controversy in this suit was sold at private sale by Shall’s administrators, for the payment of his debts, under' an order of the Probate Court. It was purchased by one Mills, and came by regular conveyances to Kelsey, who brought ejectment against Apel, the latter being in possession and claiming it under a donation deed.
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APPEAL from Arkansas Circuit Court. John A. Williams, Judge. The land in controversy in this suit was sold at private sale by Shall’s administrators, for the payment of his debts, under' an order of the Probate Court. It was purchased by one Mills, and came by regular conveyances to Kelsey, who brought ejectment against Apel, the latter being in possession and claiming it under a donation deed. On a trial of the cause the defendant excepted to the documentary evidence of the plaintiff’s title, directing his exceptions mainly to the administrator’s deed, because the record did not show the…
1Opinion of the CourtSandels, J.
1. Judgments: Of Probate Court. The jiirisdiction of Probate Courts in the matter of sales of lands of deceased persons has often been the subject of investigation and decision by this court. It has often been held that the court is one of superior jurisdiction; that as such its judgments are proof against collateral attack ; and that all irregularities in the exercise of a jurisdiction once rightfully acquired, are cured by its final judgment. It is held that the court acquires jurisdiction of the res by the grant of administration, and that, upon the filing of a proper petition, the power…
2Cited by28 opinions
- Collins v. Paepcke-Leicht Lumber Co.Supreme Court of Arkansas · 1905
- Shultz v. YoungSupreme Court of Arkansas · 1943
- Sharum v. MeriwetherSupreme Court of Arkansas · 1923
- Moss v. MooseSupreme Court of Arkansas · 1931
- Spade v. MortonSupreme Court of Oklahoma · 1911
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