Supreme Court of Arkansas, 1906

Burns v. Beasley

Burns v. Beasley
Supreme Court of Arkansas · Decided December 17, 1906 · Wood
81 Ark. 163; 98 S.W. 977; 1906 Ark. LEXIS 475

Burns v. Beasley

Opinion of the Court

Wood, J.

The answer of appellant Burns to the substituted complaint of appellees set up tax title and possession thereunder, and asked to have same quieted. These allegations gave the chancery .court .exclusive jurisdiction,, even if the substituted complaint failed to state a .cause of action cognizable in equity. The court, having jurisdiction, properly retained the cause and determined the whole controversy. Cockrell v. Warner, 14 Ark. 345; Shell v. Martin, 19 Ark. 139; Walker v. Peay, 22 Ark. 103.; Branch v. Hickman, 24 Ark. 431; Sale v. McLean, 29 Ark. 612; Radcliife v. Scruggs, 46 Ark. 96; Crease v. Lawrence, 48 Ark. 312 ; Goodrum v. Ayers, 56 Ark. 93.

The finding of the court in favor of appellees on the issue of fact as to the statute .of limitations was sustained by the evidence.

Judgment affirmed.

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