Hill v. Heard
Supreme Court of Arkansas
Appeal from Conway Circuit Court; Hugh Basham, Judge; 1. The finding that all the purchase money except the first payment was “from proceeds of personal property of the estate — the proceeds of a small piece of land of the estate sold by the administrator for that purpose, and the rents and profits of the land in controversy,” • was wholly unsupported by the evidence. The testimony of Heard, if true, does not prove the finding.
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Appeal from Conway Circuit Court; Hugh Basham, Judge; 1. The finding that all the purchase money except the first payment was “from proceeds of personal property of the estate — the proceeds of a small piece of land of the estate sold by the administrator for that purpose, and the rents and profits of the land in controversy,” • was wholly unsupported by the evidence. The testimony of Heard, if true, does not prove the finding. Heard is contradicted by the circumstances, and his testimony, being as to transactions with a person now dead, is suspicious and unreliable. 17 Cyc. 808; 21 How. (U.…
1Opinion of the CourtFrauenthal, J.
This is an action of ejectment instituted by appellee for the recovery of a tract of land situated in Conway County. It is conceded by both parties to this suit that the land was owned by one James Montgomery Heard (who, for brevity, will be hereafter referred to as Montgomery Heard), who died intestate and without issue, leaving his mother as his only surviving parent, who also died prior to the institution of this suit. The appellee claims that the land was an ancestral estate, coming to said Montgomery Heard on the part of the father, and that she inherited it from him hy reason of the…
2Cases cited12 opinions
- Kelly's Heirs v. McGuireSupreme Court of Arkansas · 1855
- Martin v. MartinSupreme Court of Arkansas · 1911
- Gainus v. CannonSupreme Court of Arkansas · 1884
- Stubbs v. PittsSupreme Court of Arkansas · 1907
- Nicholson v. HalseyNew York Court of Chancery · 1815
7 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Carter v. CarterSupreme Court of Arkansas · 1917
- Chastain v. LarneySupreme Court of Oklahoma · 1928
- Weaver v. GilbertSupreme Court of Arkansas · 1949
- Beard v. BeardSupreme Court of Arkansas · 1921
- Earl v. EarlSupreme Court of Arkansas · 1920
3 more not listed; retrieve them via the Exa API.