Berg v. Johnson
Supreme Court of Arkansas
Appeal from Clay Chancery Court, Western District; Archer Wheatley, Chancellor; 1. The court erred in transferring the cause to the chancery court, and 2. The court erred in its findings and decree.
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Appeal from Clay Chancery Court, Western District; Archer Wheatley, Chancellor; 1. The court erred in transferring the cause to the chancery court, and 2. The court erred in its findings and decree. The exception to the muniments of title that the sale was made to a partnership and that the Christian names of each partner are not mentioned is fully and clearly settled in 65 Ark. 503. It is also settled in the agreed statement of facts, and the decree of the chancery court in February, 1880, term. The exception to the sheriff’s deed is controlled by Kirby’s Digest, § 3298. . 3. The statute of…
1Opinion of the CourtMcCULLOCH, C. J.
Appellant instituted this action against appellee in the circuit court of Clay County to recover possession of a tract of land containing 80 acres in that county, alleged to be in the unlawful possession of appellee. The cause was transferred to the chancery court over the objection of appellant, and proceeded to a final decree in favor of appellee.
Appellant’s chain of title runs as follows: The land was purchased from the State of Arkansas in July, 1872, by a copartnership composed of P. H. Young, James Surridge and Joseph T. Fisher, and was, in the year 1877, sold under execution against…
2Cases cited4 opinions
- Percifull v. PlattSupreme Court of Arkansas · 1880
- Fletcher v. MansurIndiana Supreme Court · 1854
- Rowland v. McGuireSupreme Court of Arkansas · 1900
- Cole v. MetteSupreme Court of Arkansas · 1898
3Cited by6 opinions
- Avera v. BanksSupreme Court of Arkansas · 1925
- Burtnette v. OwenCalifornia Court of Appeal · 1937
- Beattie v. McKinneySupreme Court of Arkansas · 1923
- New York Life Insurance v. ThweattSupreme Court of Arkansas · 1953
- Rogers Iron & Metal Corp. v. K & M, Inc.Court of Appeals of Arkansas · 1987
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