Jackson v. Becktold Printing & Book Manufacturing Co.
Supreme Court of Arkansas
Appeal from Clay Chancery Court; Edzvard D. Robertson, Chancellor; statement by the court. The present suit, filed on the nth day of August, 1902, by appellants, the husband and children of the late Fannie C. Jackson, against appellees, was brought to set aside a decree of the circuit court sitting in chancery purporting to have been rendered at the January term, 1897, of the court, but alleged to have been rendered and entered of record in vacation in July, 1897, and to…
Read the full summary
Appeal from Clay Chancery Court; Edzvard D. Robertson, Chancellor; statement by the court. The present suit, filed on the nth day of August, 1902, by appellants, the husband and children of the late Fannie C. Jackson, against appellees, was brought to set aside a decree of the circuit court sitting in chancery purporting to have been rendered at the January term, 1897, of the court, but alleged to have been rendered and entered of record in vacation in July, 1897, and to redeem certain lands ordered sold by said decree, and for an accounting of the mortgage debt, rents, profits and waste.…
1Opinion of the CourtHart, J.
(after stating the facts). The evidence in this case shows that the decree was rendered in vacation. The chancellor so found, but was of the opinion that such fact could only be shown by the record in the cause, and therefore excluded from his consideration all the evidence contained in the deposition of witnesses showing or tending to show that the decree was actually rendered in vacation. In this there was error. The precise question was otherwise determined in the case of Biffle v. Jackson, 71 Ark. 226. The court said: “That the original decree was rendered in vacation is abundantly…
2Cases cited10 opinions
- Galliher v. CadwellSupreme Court of the United States · 1892
- Boynton v. AshabrannerSupreme Court of Arkansas · 1905
- Ogden v. OgdenSupreme Court of Arkansas · 1894
- Bobo v. StateSupreme Court of Arkansas · 1882
- Black v. BrinkleySupreme Court of Arkansas · 1891
5 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Corney v. CorneySupreme Court of Arkansas · 1910
- Avera v. BanksSupreme Court of Arkansas · 1925
- Horn v. HullSupreme Court of Arkansas · 1925
- Fourche River Lumber Co. v. WalkerSupreme Court of Arkansas · 1910
- Lesser v. ReevesSupreme Court of Arkansas · 1920
15 more not listed; retrieve them via the Exa API.