Cooper v. McCoy
Supreme Court of Arkansas
Appeal from Greene Chancery Court; C. D. Frier-son, Chancellor; STATEMENT BY THE COURT. . Maude McCoy brought suit for partition of the estate of Jacob H. Cooper, her father, against his other children, naming them, and alleged that she was the sole surviving child of his marriage to Caroline Cooper and owned a one-seventh undivided interest in the lands described; that four of the children were minors and had a claim of homestead in the lands, which should include only…
Read the full summary
Appeal from Greene Chancery Court; C. D. Frier-son, Chancellor; STATEMENT BY THE COURT. . Maude McCoy brought suit for partition of the estate of Jacob H. Cooper, her father, against his other children, naming them, and alleged that she was the sole surviving child of his marriage to Caroline Cooper and owned a one-seventh undivided interest in the lands described; that four of the children were minors and had a claim of homestead in the lands, which should include only forty acres, which was alleged to be of the value of $2,500; that the homestead should be defined and set aside to the…
1Opinion of the Court
Kirby, J.,
(after stating the facts). (1) It is strongly urged that the court erred in denying appellant’s plea of res adjudicata. It is well settled that a former judgment in order to be a bar must have been a decision of the merits of the cause. In Smith v. McNeal, 109 U. S. 426, the court, quoting from Hughes v. U. S., 4 Wall. 232, said: “In order that a judgment may constitute a bar to another suit it must be rendered in a proceeding between the same parties or their privies, and the point of controversy must he the same, in both cases and must be determined on its merits. If the first…
2Cases cited4 opinions
- Hughes v. United StatesSupreme Court of the United States · 1866
- Smith v. McNealSupreme Court of the United States · 1883
- Evatt v. MillerSupreme Court of Arkansas · 1914
- Johnson v. MantoothSupreme Court of Arkansas · 1913
3Cited by18 opinions
- Howard-Sevier Road Improvement District No. 1 v. HuntSupreme Court of Arkansas · 1924
- Kibler v. KiblerSupreme Court of Arkansas · 1930
- Yocum v. HolmesSupreme Court of Arkansas · 1953
- Hatch v. Scott, Admx.Supreme Court of Arkansas · 1946
- Morrison, Administratrix v. NicksSupreme Court of Arkansas · 1947
13 more not listed; retrieve them via the Exa API.