Legal Opinion

Cook v. Franklin

Supreme Court of Arkansas

Decided November 5, 1904PublishedCited by 4 opinions

Appeal from Little River Circuit Court. Hal L. Norwood, Special Judge. Ejectment by Walter Hopson, as administrator of the estate of James Morris, deceased, against Moses Franklin. ■ Defendant had judgment, from which plaintiff appealed. Hopson’s death being suggested, the cause was revived in the name of John N. Cook as special administrator. STATEMENT BY THE COURT.

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Appeal from Little River Circuit Court. Hal L. Norwood, Special Judge. Ejectment by Walter Hopson, as administrator of the estate of James Morris, deceased, against Moses Franklin. ■ Defendant had judgment, from which plaintiff appealed. Hopson’s death being suggested, the cause was revived in the name of John N. Cook as special administrator. STATEMENT BY THE COURT. Walter Hopson, as administrator of the estate of James Morris, deceased, brought an action of ejectment in the Little River Circuit Court against Moses Franklin to recover 160 acres of land. The defendant was holding the laird…

1Opinion of the Court

Riddick, J.,

(after stating the facts.) This was an action of ejectment by the administrator of James Morris, deceased, against Moses Franklin to recover land held by the defendant under a tax title. The administrator claimed that his intestate had acquired the title by a purchase at a' sale under an overdue tax decree and a deed from the commissioner authorized to make the sale. In addition to this, he alleged that Mary E. Wills, the owner of the land at the time of the tax decree, had sold and conveyed to him as administrator her interest in the land. This conveyance was made on the day that…

2Cases cited3 opinions

  1. Chowning v. StanfieldSupreme Court of Arkansas · 1886
  2. Sisk v. AlmonSupreme Court of Arkansas · 1879
  3. Carnall v. WilsonSupreme Court of Arkansas · 1860

3Cited by4 opinions

  1. Cowokochee v. ChapmanSupreme Court of Oklahoma · 1922
  2. Burton v. GormanSupreme Court of Arkansas · 1916
  3. Texas Cent. R. Co. v. HoffmanCourt of Appeals of Texas · 1916
  4. Holt v. LoveCourt of Appeals of Texas · 1914

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