Wadly v. Leggitt
Supreme Court of Arkansas
Appeal from Greene Circuit Court; Allen. Hughes, Judge; 1. The court erred in finding that the issues in this case were adjudicated in the case of Rowland v. Wadly, 71 Ark. 273. Appellant could not have pleaded the Miller title in that suit because (a) she did not own such title at the time the issues were made up in that case, nor at the ‘time the decree was rendered by the chancery court, 50 Ark. 551; and (b) though she owned the Miller title when the decree was rendered…
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Appeal from Greene Circuit Court; Allen. Hughes, Judge; 1. The court erred in finding that the issues in this case were adjudicated in the case of Rowland v. Wadly, 71 Ark. 273. Appellant could not have pleaded the Miller title in that suit because (a) she did not own such title at the time the issues were made up in that case, nor at the ‘time the decree was rendered by the chancery court, 50 Ark. 551; and (b) though she owned the Miller title when the decree was rendered by the chancery court upon the mandate, she could not then put it in issue, since there remained nothing for the…
1Opinion of the CourtMcCurroch, J.
This is an action in ejectment instituted in the circuit court of Greene 'County by appellant against appellee to recover, a tract of land in that county, and the cause was tried by the court sitting as a jury.
The parties claimed title from a common source. The land in controversy was formerly owned by one Thomas Tolbert, who died intestate, and both parties claim title under conveyances from his heirs. The plaintiff, Mrs. Wadly, alleges that the Tolbert heirs conveyed the land to one Miller, but that the deed was lost, and the record thereof had been destroyed by fire, with all the other…
2Cases cited7 opinions
- People ex rel. Bryant v. HolladayCalifornia Supreme Court · 1892
- Apel v. KelseySupreme Court of Arkansas · 1886
- Carpenter v. SmithSupreme Court of Arkansas · 1905
- St. Louis Refrigerator & Wooden Gutter Co. v. ThorntonSupreme Court of Arkansas · 1905
- Dawson v. ParhamSupreme Court of Arkansas · 1886
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- United States Gypsum Company v. The Greif Brothers Cooperage CorporationCourt of Appeals for the Eighth Circuit · 1968
- Baumgartner v. RogersSupreme Court of Arkansas · 1961
- North State Fire Insurance v. DillardSupreme Court of Arkansas · 1908
- Barton v. MeeksSupreme Court of Arkansas · 1946
- St. Louis, Iron Mountain & Southern Railway Co. v. TownesSupreme Court of Arkansas · 1910
1 more not listed; retrieve them via the Exa API.