Moore v. Willey
Supreme Court of Arkansas
Appeal from Arkansas Chancery Court; John M. Erriott, Chancellor; STATEMENT BY THE COURT. G. F. Wiljey and others brought a suit in equity in the cháneery court of Arkansas County against Mary K. Moore, for the partition of certain lands in that county owned jointly by plaintiffs and defendant as tenants in common.
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Appeal from Arkansas Chancery Court; John M. Erriott, Chancellor; STATEMENT BY THE COURT. G. F. Wiljey and others brought a suit in equity in the cháneery court of Arkansas County against Mary K. Moore, for the partition of certain lands in that county owned jointly by plaintiffs and defendant as tenants in common. The defendant filed no answer, and the court heard the case on the complaint and the deeds exhibited therewith, and found that two of the plaintiffs were each the owner of ah undivided 11-30 interest in the land, another plaintiff the owner of 1-15 interest, and that the defendant…
1Opinion of the Court
Riddick, J.,
(after stating the facts.) This is an appeal from a judgment ordering lands sold for the purpose of partition. It was alleged in the complaint that the lands could not be par-; titioned in kind without great prejudice to the owners thereof. The defendant filed no answer, and the chancellor, without referring the question to commissioners, found from the allegations in the complaint alone that partition could not be made in kind without great prejudice, and ordered a sale, and the question before 11s is whether'tlie undénied allegation in ttj,e complaint is sufficient-to justify…
2Cases cited1 opinion
- Patton v. WagnerSupreme Court of Arkansas · 1857
3Cited by13 opinions
- Wolfe v. StanfordSupreme Court of Oklahoma · 1937
- Swogger v. TaylorSupreme Court of Minnesota · 1955
- Dunbar v. BourlandSupreme Court of Arkansas · 1908
- Ingram v. RaifordSupreme Court of Arkansas · 1927
- Adams v. StateSupreme Court of Arkansas · 1922
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