Legal Opinion

Woodall v. Moore

Supreme Court of Arkansas

Decided October 17, 1891PublishedCited by 10 opinions

APPEAL from Phillips Circuit Court in chancery. Matthew T. Sanders, Judge. Arthur B., Woodall, Mary E. Woodall and Willie N. Woodall, a minor, by her next friend, Arthur B. Woodall, brought ejectment against the defendant, John P. Moore, to recover possession of a certain tract-of land.

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APPEAL from Phillips Circuit Court in chancery. Matthew T. Sanders, Judge. Arthur B., Woodall, Mary E. Woodall and Willie N. Woodall, a minor, by her next friend, Arthur B. Woodall, brought ejectment against the defendant, John P. Moore, to recover possession of a certain tract-of land. The action was commenced on March 5, 1885. The complaint alleged that Arthur B. Woodall became of age on January 27, 1884, and Mary E. Woodall, July 3, 1883. The answer states that defendant had previously commenced suit in ejectment for the possession of this land, in which suit the plaintiffs herein, on…

1Opinion of the CourtHemingway, J.

A defense to the original complaint was-sufficiently set out in the answer, and the demurrer to it was-properly overruled.-

The plaintiffs filed an amended complaint seeking to-review a decree upon which the defendant relied as confirming his title against them, but the court struck it from the files and refused their application for leave to file it. All questions presented by the appeal grow out of the court’s-action in this regard.

The question whether a bill of review can be filed without leave has been elaborately discussed in the briefs, and many authorities cited as bearing upon it. But…

2Cases cited3 opinions

  1. Bickel v. ErskineSupreme Court of Iowa · 1876
  2. Corker v. JonesSupreme Court of the United States · 1884
  3. Harris v. YoumanNew York Court of Chancery · 1839

3Cited by10 opinions

  1. Wood v. WoodSupreme Court of Arkansas · 1894
  2. Selig v. BarnettSupreme Court of Arkansas · 1961
  3. Smith v. RuckerSupreme Court of Arkansas · 1910
  4. Crockett v. RootSupreme Court of Oklahoma · 1943
  5. Estes v. LuckySupreme Court of Arkansas · 1918

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