Wade v. Goza
Supreme Court of Arkansas
Appeal from Chicot Circuit Court; Zachariah T. Wood, Judge; On May 13, 1901, James M. Goza and Lizzie F. Kimberlin filed a complaint in the Chicot Chancery Court against J. W. Wade (and certain other parties who have not appealed), setting up, in substance, that plaintiffs were sole heirs at law and devisees under the will of Aaron Goza, who died seized and possessed of the south half of south half of section 6, township 18 south, range 1 west; that on an unnamed date the…
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Appeal from Chicot Circuit Court; Zachariah T. Wood, Judge; On May 13, 1901, James M. Goza and Lizzie F. Kimberlin filed a complaint in the Chicot Chancery Court against J. W. Wade (and certain other parties who have not appealed), setting up, in substance, that plaintiffs were sole heirs at law and devisees under the will of Aaron Goza, who died seized and possessed of the south half of south half of section 6, township 18 south, range 1 west; that on an unnamed date the south half of the southeast quarter was patented to Hoggart Clopton, and that on the 20th day of January, 1855, the south…
1Opinion of the CourtWood, J.
1. The issue, as made by the -complaint and answer and the proof that had been taken at the time the motion to transfer to the law court was made, presented a cause for the law court. Moreover, appellant did not except to the ruling of the court transferring the cause to .the law court; and, as this court had jurisdiction under the issues presented, no error is shown in this-respect.
The answer and proof showed, when the motion to transfer was passed on, that appellant was in possession of the lands in suit. Appellant did not insist on the demurrer nor motion to dismiss in the court below. He…
2Cases cited8 opinions
- Boynton v. AshabrannerSupreme Court of Arkansas · 1905
- Bender v. BeanSupreme Court of Arkansas · 1889
- Haggart v. RanneySupreme Court of Arkansas · 1904
- Carpenter v. DresslerSupreme Court of Arkansas · 1905
- McCann v. SmithSupreme Court of Arkansas · 1898
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Stolz v. FranklinSupreme Court of Arkansas · 1975
- Terry v. Drainage District No. 6, Miller CountySupreme Court of Arkansas · 1943
- Sanderson v. ThomasSupreme Court of Arkansas · 1936
- Wade v. GozaSupreme Court of Arkansas · 1911
- Kansas City & Memphis Railway Co. v. New York Central & Hudson River RailroadSupreme Court of Arkansas · 1914
6 more not listed; retrieve them via the Exa API.