Eagle v. Oldham
Supreme Court of Arkansas
Appeal from Lonoke Chancery 'Court; John E. Martineau, Chancellor; STATEMENT BY THE COUBT. The appellants brought ejectment against appellee to recover possession of three tracts of land situated in Lonoke County, Arkansas. The parties to this litigation claim under the will of Grov. James P. Eagle, who died a widower and childless, and undertook, by his will, to dispose of all property owned by him.
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Appeal from Lonoke Chancery 'Court; John E. Martineau, Chancellor; STATEMENT BY THE COUBT. The appellants brought ejectment against appellee to recover possession of three tracts of land situated in Lonoke County, Arkansas. The parties to this litigation claim under the will of Grov. James P. Eagle, who died a widower and childless, and undertook, by his will, to dispose of all property owned by him. By clauses 4 and 5 of his will he devised to his brothers and sisters and their .heirs, two large bodies of land, in the description of which several errors occurred. Among such errors were three…
1Opinion
ON REHEARING.
Smith, J.(5) It is urged in the petition for rehearing that our refusal to reverse the judgment in this cause, .and to remand it for a new trial, because of the error committed in transferring it to equity, overrules the opinions in the case of Head v. Phillips, 70 Ark. 432, and Frank v. Frank, 88 Ark. 1. No such purpose is entertained, and we think no such result is accomplished. We think our action is authorized by the opinion in North American Trust Co. v. Chappell, 70 Ark. 507, in which case the syllabus is as follows': “Though 'the trial court erred in transferring a law…
2Cases cited3 opinions
- Frank v. FrankSupreme Court of Arkansas · 1908
- Head v. PhillipsSupreme Court of Arkansas · 1902
- North American Trust Co. v. ChappellSupreme Court of Arkansas · 1902