Carvill v. Jacks
Supreme Court of Arkansas
ERROR to Phillips Circuit Court. Hon. J. N.'Cypert, Circuit Judge. The fact of the redemption by the Ewart heirs, being prior to the sale to appellant’s intestate, is conclusively established by the record in the Ewart v. Carville suit, to which appellee’s intestate Jacks was a party duly served with process but made default, and Jacks was conclusively bound by the determination of that suit, since he had an opportunity of controverting plaintiff’s cause of action and…
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ERROR to Phillips Circuit Court. Hon. J. N.'Cypert, Circuit Judge. The fact of the redemption by the Ewart heirs, being prior to the sale to appellant’s intestate, is conclusively established by the record in the Ewart v. Carville suit, to which appellee’s intestate Jacks was a party duly served with process but made default, and Jacks was conclusively bound by the determination of that suit, since he had an opportunity of controverting plaintiff’s cause of action and refused to do so. Abbott’s Trial Evidence, pp. 829-832. It was an error to exclude evidence of the value of improvementsUs an…
1Opinion of the Court
DuVal, Special Judge.
On 2d day of November, 1881, the appellant sued the appellee for damages arising out of the sale of a certain tract of land by the appellee to appellant's intestate.
The material allegations of the complaint are that George A. Carvill, appellant's intestate, on 22d day of May, 1879, purchased from appellee a tract of land in Phillips county, Arkansas, describing the same as the Ewart place, and also by the sub-division of section, township, and range. That he paid the consideration of five hundred and fifty dollars, and went into possession under the purchase.
That appellee…
2Cases cited4 opinions
- Haight v. . HaytNew York Court of Appeals · 1859
- Culver v. AveryNew York Supreme Court · 1831
- Beach v. KingNew York Supreme Court · 1837
- White v. SeaverNew York Supreme Court · 1867
3Cited by5 opinions
- Gustafson v. RustemeyerSupreme Court of Connecticut · 1898
- Riddle v. HudsonSupreme Court of Oklahoma · 1917
- Barton v. MeeksSupreme Court of Arkansas · 1946
- Beach v. NordmanSupreme Court of Arkansas · 1909
- Smith v. Mountain Pine Timber, Inc.Court of Appeals of Arkansas · 2016