Burns v. Beasley

Decided December 17, 1906

Supreme Court of Arkansas · decided 1906-12-17

Humphries, Chancellor; The substituted complaint of Beasley and another against B. F. Burns and wife was as follows: That on and prior to the 7th day of June, 1898, one Robert F. Payne was seized in fee of the lands in controversy, holding under patent from the United vStates; that on said date said Payne departed this life, leaving as his sole heirs at law the plaintiffs, defendant Fannie Burns and Forest Payne, and that said Fannie Burns was and is the wife of B. F. Burns;…

Relies on Radcliffe v. Scruggs · Goodrum v. Ayers · Branch v. Mitchell

affirmed · Decided 1906-12-17

Wood, J.

¶1The 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.

¶2The finding of the court in favor of appellees on the issue of fact as to the statute .of limitations was sustained by the evidence.

¶3Judgment affirmed.