Stevens, Trustee v. Owen

Supreme Court of Arkansas

Stevens, Trustee v. Owen

214 S.W.2d 503, 213 Ark. 955, 1948 Ark. LEXIS 563

CourtSupreme Court of Arkansas

DecidedOctober 18, 1948

Docket4-8584

StatusPublished

Cited by1 cases

This text of 214 S.W.2d 503 (Stevens, Trustee v. Owen) 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.

Bluebook

Stevens, Trustee v. Owen, 214 S.W.2d 503, 213 Ark. 955, 1948 Ark. LEXIS 563 (Ark. 1948).

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Opinion

Robins, J.

Phases of the litigation involved in this appeal have been before this court on four previous occasions. See Owen v. Dumas, 200 Ark. 601, 140 S. W. 2d 101; Dumas v. Smith, Chancellor, 201 Ark. 1057, 147 S. W. 2d 1013; Dumas v. Owen, 205 Ark. 777, 171 S. W. 2d 294; and Dumas v. Owen, 210 Ark. 505, 196 S. W. 2d 987.

The lower court, when deciding the case at bar, made written findings in which it was shown that all issues raised in the instant case were completely adjudicated by the decision of this court in the last above cited case. In our opinion in that case the entire history of the litigation was recited and it was pointed out that all the issues sought to be raised there, which we find to be the same as those presented in the case at bar, had been fully settled. Since the matters involved in this litigation have been heretofore exhaustively set forth in different opinions of this court, we deem it unnecessary to make another recital of them here. It suffices to say that we conclude that the lower court’s finding that these issues had already been settled in previous litigation is correct.

Accordingly, the decree appealed from is affirmed.

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Robins, J.

Phases of the litigation involved in this appeal have been before this court on four previous occasions. See Owen v. Dumas, 200 Ark. 601, 140 S. W. 2d 101; Dumas v. Smith, Chancellor, 201 Ark. 1057, 147 S. W. 2d 1013; Dumas v. Owen, 205 Ark. 777, 171 S. W. 2d 294; and Dumas v. Owen, 210 Ark. 505, 196 S. W. 2d 987.

The lower court, when deciding the case at bar, made written findings in which it was shown that all issues raised in the instant case were completely adjudicated by the decision of this court in the last above cited case. In our opinion in that case the entire history of the litigation was recited and it was pointed out that all the issues sought to be raised there, which we find to be the same as those presented in the case at bar, had been fully settled. Since the matters involved in this litigation have been heretofore exhaustively set forth in different opinions of this court, we deem it unnecessary to make another recital of them here. It suffices to say that we conclude that the lower court’s finding that these issues had already been settled in previous litigation is correct.

Accordingly, the decree appealed from is affirmed.

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214 S.W.2d 503, 213 Ark. 955, 1948 Ark. LEXIS 563, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stevens-trustee-v-owen-ark-1948.

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