Johnson v. Plant
This text of 181 S.W.2d 240 (Johnson v. Plant) is published on Counsel Stack Legal Research, covering Supreme Court of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
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.
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.
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.”
The appeal must, therefore, be dismissed as having been prematurely taken, and it is so ordered.
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Cite This Page — Counsel Stack
181 S.W.2d 240, 207 Ark. 871, 1944 Ark. LEXIS 762, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnson-v-plant-ark-1944.