Jimmerson v. Fordyce Lumber Co.
Supreme Court of Arkansas
Appeal from Cleveland Chancery Court; John M. Elliott, Chancellor; STATEMENT BY THE COURT. Appellant instituted this action in the chancery court against appellee and for cause of action states: That several years ago he entered forty acres of land in the United States Land Office at Little Rock, Arkansas; that before he had completed his entry and obtained a patent and while the title to said premises was in the United States Government appellee brought a suit of ejectment…
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Appeal from Cleveland Chancery Court; John M. Elliott, Chancellor; STATEMENT BY THE COURT. Appellant instituted this action in the chancery court against appellee and for cause of action states: That several years ago he entered forty acres of land in the United States Land Office at Little Rock, Arkansas; that before he had completed his entry and obtained a patent and while the title to said premises was in the United States Government appellee brought a suit of ejectment against him in the circuit court and obtained judgment. That recently a writ of possession was issued and is now in the…
1Opinion of the Court
Hart, J.,
(after stating the facts). It is true, as stated by counsel for appellant, that the courts are without jurisdiction t'o determine the rights of rival claimants of land of the United States while a controversy is being waged before the proper officers of the Interior Department to settle such rights. Marquez v. Frisbie, 101 U. S. 473; Cosmos Exploration Co. v. Gray Eagle Oil Co., 190 U. S. 301; Zimmerman v. McCurdy, (Dak.) 12 Am. & Eng. Ann. Cas. 29, and case note.
The allegations of the complaint, however, do not bring the present case within that principle. Here there was no contest…
2Cases cited5 opinions
- Marquez v. FrisbieSupreme Court of the United States · 1879
- Cosmos Exploration Co. v. Gray Eagle Oil Co.Supreme Court of the United States · 1903
- Chowning v. StanfieldSupreme Court of Arkansas · 1886
- Trulock v. TaylorSupreme Court of Arkansas · 1870
- Carnall v. LooperSupreme Court of Arkansas · 1879
3Cited by1 opinion
- Jimmerson v. Fordyce Lumber Co.Supreme Court of Arkansas · 1915