Fleming v. Johnson
Supreme Court of Arkansas
Appeal from Scott Circuit Court. Hon. E. I). Ham, Circuit Judge. It is submitted, that the appellant proved every thing in the court below, that the law required of him. See Daniel v. Le-fevre, 19 Ark. SOI. The probate court had no power to grant an order of sale to be made, unless publicly. Gould’s Dig. chap. 81, sec. 17, et seq; Ih. chap.
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Appeal from Scott Circuit Court. Hon. E. I). Ham, Circuit Judge. It is submitted, that the appellant proved every thing in the court below, that the law required of him. See Daniel v. Le-fevre, 19 Ark. SOI. The probate court had no power to grant an order of sale to be made, unless publicly. Gould’s Dig. chap. 81, sec. 17, et seq; Ih. chap. J, sec. 18S, et seq ; and all proceedings of this kind must be in strict accordance with law. 18 Ark. 4-4-9; 19 ib. 516; Probate Court Law and Practice, by John W. Clinton, p. 4^9; Ib. 286-290. Jurisdiction of another court must always be shown by the…
1Opinion of the CourtBenNETt, J.
This was an action of ejectment brought in the name of William Warren Fleming, as a person of unsound mind, by his guardian, Nancy J. Fleming, against Raphel M. Johnson, Charles Robinson, Taring Jasenburger, William Harris and James H. Harris, for lot No. 1, block No. 8, in Fort Smith, Arkansas. This action was commenced in Sebastian and removed, by change of venue', to Scott circuit court, where it was tried on the general issue. Verdict and judgment for defendants. Motion for a new trial overruled. Exceptions and appeal by the plaintiff.
When the title of the plaintiff in ejectment is…
2Cases cited3 opinions
- Jackson ex dem. Jenkins v. RobinsonNew York Supreme Court · 1830
- Bland v. MuncasterCourt of Appeals of Mississippi · 1852
- Jackson ex dem. Bear v. IrwinNew York Supreme Court · 1833
3Cited by4 opinions
- Eaves v. MullenSupreme Court of Oklahoma · 1910
- Branch v. Veterans' AdministrationSupreme Court of Arkansas · 1934
- Finley v. BabbSupreme Court of Missouri · 1903
- Finley v. BabbSupreme Court of Missouri · 1898