Legal Opinion

McMahan v. Smith

Supreme Court of Arkansas

Decided October 26, 1901PublishedCited by 2 opinions

Appeal irom Garland Chancery Court. Wm. II. MaktiN, Special Chancellor. STATEMENT BY THE COURT. This was originally an action of ejectment brought in 1873 by W. II. Smith and John M. Harrell against Mary J. McMahan and the administrator of the estate of John A. Riley, to recover of them the possession of a lot in the city of Hot Springs.

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Appeal irom Garland Chancery Court. Wm. II. MaktiN, Special Chancellor. STATEMENT BY THE COURT. This was originally an action of ejectment brought in 1873 by W. II. Smith and John M. Harrell against Mary J. McMahan and the administrator of the estate of John A. Riley, to recover of them the possession of a lot in the city of Hot Springs. The plaintiffs relied for title upon a patent from the_ United States conveying the lot in question to Riley, a mortgage from Riley to plaintiff 'Smith to secure a note for $232, and a foreclosure sale and conveyance under a power contained in the mortgage to…

1Opinion of the Court

RiddioK, J.,

(after stating the facts). This is an action to foreclose a mortgage on land, executed by John A. Riley. Riley was dead when the action was commenced, and the first question that arises on the appeal is, whether his heirs were properly brought before the court, and whether the court had jurisdiction over them. There was no actual service of summons upon them, but the attempt was made to have them constructively summoned as unknown heirs.

The statute which permits a constructive summons by warning order in such case is as follows: “Where, in an action against the heirs of a deceased…

2Cases cited1 opinion

  1. Gardner v. KraftNew York Court of Common Pleas · 1877

3Cited by2 opinions

  1. Beidler v. BeidlerSupreme Court of Arkansas · 1903
  2. Johnson v. HunterCourt of Appeals for the Eighth Circuit · 1906

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