McLain v. Duncan
Supreme Court of Arkansas
Appeal from Pulaski Chancery Court. David W. Carrouu, Chancellor. Originally, this suit was brought in August, 1887, by the State ag'ainst a tract of land situated in St. Francis county, under an act approved March 26, 1885, and the act of March 30, 1887, supplemental thereto.
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Appeal from Pulaski Chancery Court. David W. Carrouu, Chancellor. Originally, this suit was brought in August, 1887, by the State ag'ainst a tract of land situated in St. Francis county, under an act approved March 26, 1885, and the act of March 30, 1887, supplemental thereto. The land belonged to the class known as ‘ ‘ internal improvement land,” and the bill recited that the land had been sold by the State to A. J. Parker in 1858 ; that the purchase money had never been paid, and that the note given therefor had been lost. The complaint prayed that the State’s lien be foreclosed, and the…
1Opinion of the CourtMansfield, J.
The jurisdiction of the court to render the judgment under which the land was sold is denied on two grounds :
1. As to filing- evidence of debt.
1. It is contended that the proceeding against the land was without legal authority, because, as shown by the complaint filed by the Attorney General, the note given for the purchase money was not in his possession when the action was brought; and it is argued that the possession of the note and its exhibition with the State’s pleading were essential to the exercise of the power conferred by the act of 1887 under which the proceeding was had. In…
2Cases cited6 opinions
- Gregory v. BartlettSupreme Court of Arkansas · 1891
- Johnson v. CampbellSupreme Court of Arkansas · 1889
- Porter, Taylor & Co. v. HansonSupreme Court of Arkansas · 1880
- Mitchell v. ChambersMichigan Supreme Court · 1880
- Arnett v. McCainSupreme Court of Arkansas · 1886
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Clay v. BilbySupreme Court of Arkansas · 1904
- Pattison v. SmithSupreme Court of Arkansas · 1910
- Hobbs v. LenonSupreme Court of Arkansas · 1935
- Turley v. OwenSupreme Court of Arkansas · 1934
- Whitford v. WhitfordSupreme Court of Arkansas · 1911
11 more not listed; retrieve them via the Exa API.