Dugger v. Wright
Supreme Court of Arkansas
APPEAL from Independence Circuit Court. R. H. Powell, Judge. The executrix appropriated to her own use the property belonging to the estate, Dec. 28, 1883. This was the time of the conversion, and fixed the liability of her sureties as it was before they were released. Mansf. Dig., sec. 35. The sureties on the bond when a default is made are liable. Murfree Off.
Read the full summary
APPEAL from Independence Circuit Court. R. H. Powell, Judge. The executrix appropriated to her own use the property belonging to the estate, Dec. 28, 1883. This was the time of the conversion, and fixed the liability of her sureties as it was before they were released. Mansf. Dig., sec. 35. The sureties on the bond when a default is made are liable. Murfree Off. Bonds, sec. 635 ; 32 Ark. 424. Several settlements were filed and approved after the alleged conversion, and these can only be impeached in equity. Mansf. Dig., sec. 128; 14 Ark., 122; 16 Id., 474; 20 Id., 526; 30 Id., 67; 34 Id., 63;…
1Opinion of the CourtCockrill, C. J.
1. Sureties: On bond ofexecutor: This is a suit by some of the distributees of the estate of John S. Dugger against the sureties on the bond of the delinquent executor to recover the sum of $291.50 and interest as the value of property of the estate converted by the executor. The validity of the bond and the delinquency of the executor are not questioned. The defendants, who are the appellees here, were released from future liability upon the bond by the probate court, and new sureties were supplied in lieu of them after the converted assets were received by the executor. It is argued that…
2Cases cited5 opinions
- Choate v. ArringtonMassachusetts Supreme Judicial Court · 1875
- Scofield v. . ChurchillNew York Court of Appeals · 1878
- State ex rel. Wolff v. BerningSupreme Court of Missouri · 1881
- Pinkstaff v. PeopleIllinois Supreme Court · 1871
- Powell v. PowellCalifornia Supreme Court · 1874
3Cited by18 opinions
- Bellinger v. ThompsonOregon Supreme Court · 1894
- Ellyson v. LordSupreme Court of Iowa · 1904
- State Ex Rel. Connellsville By-Product Coal Co. v. Continental Coal Co.West Virginia Supreme Court · 1936
- Greer v. McNealSupreme Court of Oklahoma · 1902
- Hawker v. MooreWest Virginia Supreme Court · 1894
13 more not listed; retrieve them via the Exa API.