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207 Ark. 871

181 S.W.2d 240

Johnson v. Plant

Supreme Court of Arkansas

Decided June 19, 1944

Supreme Court of Arkansas · decided 1944-06-19

Relies on Womack v. Connor

Good law ✅— No negative treatment on recordhow we know

Decided 1944-06-19

How this case has been cited

Cited by 8 later decisions — most recently July 2006

8 state decisions

201944195019601970198019902000decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Smith, J.

¶1 Plant brought a suit in ejectment against 'Johnson to recover possession of a lot in the city of Little Rock. He alleged a title based upon a tax sale to the state, which had been confirmed at the suit of the State.

¶2 Lenon, who had conveyed the lot to' Johnson, filed an intervention for the purpose of defending the title which he had conveyed. In his intervention Lenon prayed that the cause be transferred to chancery, and that motion was sustained. Upon motion of Plant the cause was transferred back to the circuit court, and from that order is .this appeal.

¶3 The appeal is premature and must be dismissed for that reason. It was held in the ease of Womack v. Connor, 74 Ark. 352, 85 S. W. 783, to quote the headnote, that: “An order transferring a cause from the chancery to the circuit court is not a judgment from which an appeal may be taken.”

¶4 The appeal must, therefore, be dismissed as having been prematurely taken, and it is so ordered.

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