Gardner v. McAuley
Supreme Court of Arkansas
Appeal from Jackson Chancery Court; George T. Humphries, Chancellor; 1. This was an adversary suit. Kirby’s Dig., § § 6005-6; 75 Ark. 88; 74 Neb. 303. 2. Chancery courts in this State have no jurisdiction to assess the fees of attorneys as costs or expenses in adversary partition suits like this. 60 Ark. 195; 61 Id. 409; 25 Id. 235; 31 Id. 266; 30 Kan. 380; 13 N. J. Eq. 365; 111 S. W. 1129; 76 Ark. 151; 30 Cyc. 278; 75 Pac. 130; 33 N. W. 676; 53 S. E. 646. 1. This was simply…
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Appeal from Jackson Chancery Court; George T. Humphries, Chancellor; 1. This was an adversary suit. Kirby’s Dig., § § 6005-6; 75 Ark. 88; 74 Neb. 303. 2. Chancery courts in this State have no jurisdiction to assess the fees of attorneys as costs or expenses in adversary partition suits like this. 60 Ark. 195; 61 Id. 409; 25 Id. 235; 31 Id. 266; 30 Kan. 380; 13 N. J. Eq. 365; 111 S. W. 1129; 76 Ark. 151; 30 Cyc. 278; 75 Pac. 130; 33 N. W. 676; 53 S. E. 646. 1. This was simply a suit for partition of ..lands, and in no sense an adversary suit. 95 Ind. 184; 43 Ark. 296; 33 Id. 429; 75 Md. 486;…
1Opinion of the CourtMcCulloch, C. J.
The parties’ to this action were the owners, as tenants in common, of a tract of land in Jackson County, Arkansas, and appellees, who owned an undivided one-sixth interest in the land, commenced this action in the chancery court against appellants, who were the owners of the other five-sixths, to have a partition according to their respective intersts. Robert C. McAuley, one of the appellees, claimed an interest, as tenant by the curtesy, in the undivided one-sixth interest owned by his co-appellees, and he joined as party plaintiff in the suit. Appellants employed attorneys to represent them…
2Cases cited7 opinions
- Legg v. LeggWashington Supreme Court · 1904
- Hutts v. MartinIndiana Supreme Court · 1893
- Cowling v. NulsonSupreme Court of Arkansas · 1905
- Bradshaw v. Bank of Little RockSupreme Court of Arkansas · 1905
- Swartzel v. RogersSupreme Court of Kansas · 1866
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Evatt v. MillerSupreme Court of Arkansas · 1914
- Marlin v. Marsh & MarshSupreme Court of Arkansas · 1934
- Valley Oil Co. v. ReadySupreme Court of Arkansas · 1917
- Lewis v. CrawfordSupreme Court of Arkansas · 1928
- Michael v. SphierOregon Supreme Court · 1929
1 more not listed; retrieve them via the Exa API.