Scott v. Pleasants
Supreme Court of Arkansas
Writ of Error to Pulaski Circuit Court. Hon. John J. Clendenin, Circuit Judge. The decree of Pulaski Circuit Court was void and should not have been admitted in evidence.
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Writ of Error to Pulaski Circuit Court. Hon. John J. Clendenin, Circuit Judge. The decree of Pulaski Circuit Court was void and should not have been admitted in evidence. It was rendered in a proceeding summary in its nature, and consequently, the statute must be strictly construed, and every fact necessary to give the court jurisdiction, must appear. 3 Ala. 153; 5 Ark. 410; 3 Yerg. 359. A recital in the decree that notice has been given, is not sufficient, if the evidence does not appear in the record. 11 Ark. 131; 13 lb. 491. The publication of notice is required to be proved by the…
1Opinion of the CourtJustice Fairchild
In an action of ejectment, brought by the plaintiffs in error, against the defendant, Pleasants, with whom Alfred Wallace was made a defendant upon his motion, and upon whose death his personal representatives were substituted in his place, verdict and judgment were given that the plaintiffs should recover the north-east fractional quarter section 12; the south-east fractional quarter of same, and the north-west fractional quarter of section 13, township 1 south, range 11 west; but because they did not recover the west half of section 12, which was claimed by their suit, they have brought the…
2Cases cited2 opinions
- Fowler's ad'r. v. KnightSupreme Court of Arkansas · 1849
- Welch v. ColeSupreme Court of Arkansas · 1854
3Cited by13 opinions
- Clay v. BilbySupreme Court of Arkansas · 1904
- Wallace v. HillSupreme Court of Arkansas · 1918
- Porter v. DooleySupreme Court of Arkansas · 1898
- Duke v. StateSupreme Court of Arkansas · 1892
- Hobbs v. LenonSupreme Court of Arkansas · 1935
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