134 Ark. 337 | Ark. | 1918
No order appears to have been made by the court below upon the filing of the prosecuting attorney’s demurrer and answer; but testimony was heard in the court below and the cause proceeded to judgment as if the State had been made a party to the proceeding; and the final judgment entered in the cause indicates that the court below treated the State as having been made a party to this litigation; and we will so treat the record, although this appeal has been prosecuted and perfected in the names of the original parties. The State has in effect become a party plaintiff to this litigation and the court should not thereafter have dismissed the complaint for the reason assigned, i. e., that it was a suit against the State. The State’s sovereignty is in no manner involved in this litigation. At its own election and through its prosecuting attorney it became a party to private litigation which involved the title to a tract of land which had been owned by appellant’s ancestor at the time of his ancestor’s death. The State asserted title only by virtue of a certain escheat proceeding, and it was, of course, competent for the heir at law who claimed the property to show that the title to the property had not been divested out of Smith’s heirs, in fact escheated. And that is now the question at issue.
We do not review the record in this case to determine the validity of the escheat proceeding, as it suffices to,say that appellant undertook in the court below, in opposition to the State’s intervention, to show that there had been no substantial compliance with the statutes of this State which define the procedure for vesting the title to escheated property in the State, and appellant is entitled to a trial of this issue in the proper forum.
The Washington Circuit Court was, therefore, without jurisdiction to enter the order made by it, and its judgment must, therefore, be reversed, and the cause will be remanded with directions to the parties to proceed with the trial in the Madison Circuit Court.