Hill v. Hill
District Court, E.D. Arkansas
At Daw. Action by Mary M. Hill and others against Will Hill and others. On demurrer to defendants’ plea. This is an action in ejectment, instituted by the plaintiffs to recover certain lands lying in the county of Phillips, state of Ai-kansas. The plaintiffs claim to be the owners of the lands by certain mesne conveyances, hereinafter more fully set out. The original defendants are tenants of the children and heirs of John R. Williams, deceased.
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At Daw. Action by Mary M. Hill and others against Will Hill and others. On demurrer to defendants’ plea. This is an action in ejectment, instituted by the plaintiffs to recover certain lands lying in the county of Phillips, state of Ai-kansas. The plaintiffs claim to be the owners of the lands by certain mesne conveyances, hereinafter more fully set out. The original defendants are tenants of the children and heirs of John R. Williams, deceased. They were not made parties originally, but by leave of the court were made parties defendants, claiming to be the real owners of the lands. The…
1Opinion of the CourtTrieber, District Judge
(after stating the facts as above). [1] The mortgage under which plaintiffs claim title having been executed while the Constitution of 1868 was in force, and which differs materially from the present Constitution, the validity of the mortgage must be determined by that instrument.
[2] The question raised by the demurrer involving the construction of the Constitution of the state of Arkansas, it is conceded by both parties that the decisions of the Supreme Court of the state construing it are conclusive on this court.
On behalf of the plaintiffs it is claimed that, unless the owner of lauds…
2Cases cited6 opinions
- Klenk v. KnobleSupreme Court of Arkansas · 1881
- Brown v. WatsonSupreme Court of Arkansas · 1883
- Norris v. KiddSupreme Court of Arkansas · 1873
- Webb v. DavisSupreme Court of Arkansas · 1881
- Frits v. FritsSupreme Court of Arkansas · 1877
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