Doles v. Hilton
Supreme Court of Arkansas
APPEAL from Lincoln Circuit Court. Hon. John A. Williams, Judge. The question is, had the probate court, under Mansf. Dig., sec. 1362, power to remove the disabilities of the minors, and is the act constitutional? The court certainly had jurisdiction, and the order was not a nullity.
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APPEAL from Lincoln Circuit Court. Hon. John A. Williams, Judge. The question is, had the probate court, under Mansf. Dig., sec. 1362, power to remove the disabilities of the minors, and is the act constitutional? The court certainly had jurisdiction, and the order was not a nullity. It might have been voidable but not void; it was a judgment of a court of competent jurisdiction, and could not be attacked collaterally; it should have been assailed either by a direct proceeding or appeal. As long as the judgment stands it is the judgment of a court of competent jurisdiction 11 {Ark., 519; 12…
1Opinion of the CourtRattle, J.
John I. Matthews departed this life intestate, seized in fee of a certain tract of land in Lincoln county, in this state, and left Willis G. Hilton, Ida Johnson and MattieLettish, his children and only heirs at law, him surviving.
These heirs and children were minors when their father died. During their minority they applied to the Lincoln probate court for an order to remove their disabilities as minors, so as to allow and empower them to sell and convey their interest in this tract of land. The Lincoln probate court, at its April term in 1872, granted this application, and made an order…
2Cited by10 opinions
- Summers v. Road Improvement District No. 16Supreme Court of Arkansas · 1923
- Logan v. StateSupreme Court of Arkansas · 1921
- Dalton v. Bradley Lumber Co.Supreme Court of Arkansas · 1918
- Tays v. JohnsonSupreme Court of Arkansas · 1927
- Breckenridge v. Weber Dry Goods CompanySupreme Court of Arkansas · 1925
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