Crittenden Lumber Co. v. McDougal
Supreme Court of Arkansas
Appeal from St. Francis Chancery Court; Edward D. Robertson, Chancellor; 1. The affidavit of nonresidence, the foundation of the issuance and publication of a warning order, is jurisdictional. 70 Ark. 409;' 68 S. W. 242; 147 Fed. 133, 219, 225; 66 Ark. 282; 50 S. W. 503. Service by publication is a statutory substitute for personal service; it is a deviation from the common law, and the statute must be strictly pursued. 69 Ark. 591; 65 S. W. 459; 48 Ark. 238, 246; 10 Fed.…
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Appeal from St. Francis Chancery Court; Edward D. Robertson, Chancellor; 1. The affidavit of nonresidence, the foundation of the issuance and publication of a warning order, is jurisdictional. 70 Ark. 409;' 68 S. W. 242; 147 Fed. 133, 219, 225; 66 Ark. 282; 50 S. W. 503. Service by publication is a statutory substitute for personal service; it is a deviation from the common law, and the statute must be strictly pursued. 69 Ark. 591; 65 S. W. 459; 48 Ark. 238, 246; 10 Fed. 891; 94 Ark. 338; 12 S. W. 905; 164 Fed. 963, 966; 33 N. W. 559; 43 N. W. 271. The court having no jurisdiction, the…
1Opinion of the Court
■ Frauenthal, J.
This was an action instituted by the Crittenden Lumber Company, plaintiff below, to cancel as a cloud upon its title a deed held by the defendants to a tract of land situated in St. Francis County. Plaintiff claimed ownership of the land and deraigned title thereto under mesne conveyances running back to the United States. Defendants acquired their title to the land by virtue of a deed executed by a commissioner of the St. Francis Chancery Court, in pursuance of a decree of said court subjecting the land to sale for the nonpayment of .levee taxes. Plaintiff attacked the…
2Cases cited6 opinions
- Galpin v. PageSupreme Court of the United States · 1874
- Barber v. MorrisSupreme Court of Minnesota · 1887
- Anderson v. CoburnWisconsin Supreme Court · 1871
- Ballard v. HunterSupreme Court of Arkansas · 1905
- Pattison v. SmithSupreme Court of Arkansas · 1910
1 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Ladd v. StubblefieldSupreme Court of Arkansas · 1937
- Hooper v. WistSupreme Court of Arkansas · 1919
- Taylor v. KingSupreme Court of Arkansas · 1918
- Oliver v. RouthSupreme Court of Arkansas · 1916
- Hobbs v. LenonSupreme Court of Arkansas · 1935
26 more not listed; retrieve them via the Exa API.