Bouldin v. Jennings
Decision Date | 01 November 1909 |
Citation | 122 S.W. 639,92 Ark. 299 |
Parties | BOULDIN v. JENNINGS |
Court | Arkansas Supreme Court |
Appeal from Lawrence Circuit Court; Frederick D. Fulkerson, Judge reversed.
Reversed and remanded.
Beloate & Lomax, for appellant.
The statute of limitations does not run against a minor, neither can a minor be estopped by any conduct during minority to claim its inheritance. 85 Ark. 556; 87 Ark. 206. A void judgment has no effect; it neither binds nor bars. 81 Ark 463.
W. A Cunningham and J. N. Beakley, for appellee.
The validity of the judgment of a probate court ordering the sale of lands does not depend upon the sufficiency of the petition therefor. 44 Ark. 267; 70 Ark. 88; 74 Ark. 86. The court in directing a verdict did not abuse his discretion. 69 Ark. 432.
On the fifth of October, 1906, Annie Bouldin and others brought an action against W. S. Jennings to recover the possession of "all that part of the northwest quarter of the northeast quarter of section thirty-four in township seventeen north, and in range one east, lying east of Village Creek, the bed or channel of which being the west boundary line." They state in their complaint subtantially as follows: James Tillman died on the 26th day of May, 1895, leaving Annie Bouldin, his widow, and Dollie Bagley, then of the age of seventeen, Oscar Tillman, then of the age of fifteen, and Essie Tillman, then of the age of three, his only heirs, they being his children. He died seized and possessed of the land described, occupying the same as his homestead. B. A. Morris was appointed administrator of the estate, and prior to the 18th day of July, 1899, paid all the probated claims against the same, and thereafter presented a petition to the Lawrence Probate Court for the sale of certain lands, describing them as follows: "Part of the northwest fourth of the northeast fourth, section 34, township 17 north, range 1 east," alleging that debts probated against the estate remained unpaid. On the 18th day of July, 1899, the probate court made the order of sale, describing the lands as described in the petition. A copy of the order is made an exhibit to the complaint. The land as described was sold by the administrator, and he made report of the sale to the probate court, which was approved. The order approving is made an exhibit to the complaint. Plaintiffs further stated "that said defendant, realizing that his said deed was void for uncertainty in the description and that same created no color of title, attempted to get the Lawrence Probate Court for the Eastern District to grant him an order nunc pro tunc correcting the description in said order of sale in his deed, and obtained another order." A copy of the order is filed as exhibit to the complaint.
They asked for "judgment against the defendant for the possession of the land, for cost and all other relief."
The first exhibit shows that the court ordered "part of northwest quarter or the northeast quarter of section 34, township 17, range 1 east," to be sold.
The second exhibit shows that the administrator reported to the court that he had sold "part of northwest quarter of the northeast quarter of section 34, township 17 north, range 1 east."
The third exhibit is as follows: "In the matter of the estate of James C. Tillman, deceased:
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Kulbeth v. Drew County Timber Company
... ... court did not describe the land to be sold. Counsel cites ... Mays v. Rogers , 37 Ark. 155 and ... Bouldin v. Jennings , 92 Ark. 299, 122 S.W ... 639. We do not think the cases sustain the contention of ... counsel. The first case merely holds that it ... ...
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Bosler v. United States
... ... W. 179, and Central Kan. Mill. Co. v. Patterson, 161 Ark. 480, 256 S. W. 847, also cited by plaintiff in error, are instances under rule 2. Bouldin v. Jennings, 92 Ark. 299, 122 S. W. 639, Lindsey v. Bloodworth, 97 Ark. 541, 134 S. W. 959, and Louisiana N. W. R. Co. v. McMorella, 170 Ark. 921, ... ...
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State v. Winter
... ... require argument or the citation of authority." ... (Walsh v. Colby, 153 Mich. 602, 126 Am. St. 546, 117 ... N.W. 207; Bouldin v. Jennings, 92 Ark. 299, 122 S.W ... 639; Clark v. Bank of Hennesy, 14 Okla. 572, 79 P. 217, 2 ... Ann. Cas. 219.) ... To the ... ...