Legal Opinion

Landreth v. Henson

Supreme Court of Arkansas

Decided January 18, 1915PublishedCited by 9 opinions

Appeal from Hot Spring Chancery Court; Jethro P. Henderson, Chancellor; 1. The transfer to equity was improper because the questions involved were purely legal. 93 Ark. 376; 92 Icl. 46; 100 Id. 399. , „ 2. The public administrator of Pike County, Missouri, is not shown to have jurisdiction.. Mo. Stat. 1909, vol. 1, § 302; 115 Am. St. Rep. 472, 477; 198 Mo. 174. 3. The probate court of Hot Spring County, had no jurisdiction.

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Appeal from Hot Spring Chancery Court; Jethro P. Henderson, Chancellor; 1. The transfer to equity was improper because the questions involved were purely legal. 93 Ark. 376; 92 Icl. 46; 100 Id. 399. , „ 2. The public administrator of Pike County, Missouri, is not shown to have jurisdiction.. Mo. Stat. 1909, vol. 1, § 302; 115 Am. St. Rep. 472, 477; 198 Mo. 174. 3. The probate court of Hot Spring County, had no jurisdiction. The law was not complied with and its orders are void on collateral attack. 70 Ark. 343. All the acts of the guardian are void. Black on Judg., 928-9; 47 Ark. 120; 1…

1Opinion of the CourtMcCulloch, C. J.

This suit involves the title to a tract of land in Hot ‘Spring County, Arkansas, and appellant claims the land by inheritance from his father, George W. Landreth, who died, in the year 1896, while a resident of Hot Spring County. The land in controversy was the homestead of George W. Landreth, and he left no other children. It was sold in the year 1901, under an order of the probate court of Hot Spring County, upon petition of appellant’s guardian, appointed in the State of Missouri, and was purchased by appellee at the sale. The validity of the sale is the point-at issue in the case.

Appellant…

2Cases cited7 opinions

  1. Lámar v. MicouSupreme Court of the United States · 1885
  2. Apel v. KelseySupreme Court of Arkansas · 1889
  3. In re the Guardianship of VanceCalifornia Supreme Court · 1891
  4. Mobbs v. MillardSupreme Court of Arkansas · 1913
  5. Young v. HinerSupreme Court of Arkansas · 1904

2 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Central Manufacturers' Mutual Insurance v. FriedmanSupreme Court of Arkansas · 1948
  2. Kulbeth v. Drew County Timber Co.Supreme Court of Arkansas · 1916
  3. Ingraham v. BaumSupreme Court of Arkansas · 1918
  4. Johnson v. TaylorSupreme Court of Arkansas · 1919
  5. Massey v. DokeSupreme Court of Arkansas · 1916

4 more not listed; retrieve them via the Exa API.

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