Hunter v. Feild
Supreme Court of Arkansas
Appeal from Pulaski Cbancery Court; John E. Martineau, Chancellor; STATEMENT BY THE COURT. Appellees were plaintiffs below in a suit brought to enforce a trust against certain lands in Pulaski County, formerly owned by their father, Silas Feild, who died in September, 1897, leaving him surviving, in addition to the plaintiffs certain other children and grandchildren.
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Appeal from Pulaski Cbancery Court; John E. Martineau, Chancellor; STATEMENT BY THE COURT. Appellees were plaintiffs below in a suit brought to enforce a trust against certain lands in Pulaski County, formerly owned by their father, Silas Feild, who died in September, 1897, leaving him surviving, in addition to the plaintiffs certain other children and grandchildren. At the time of his death, Silas Feild was the owner of considerable real estate situated in Pulaski, Desha and other counties in this State, indeed he was described as being “land poor,” and such appears to have been the case, as…
1Opinion of the Court
Smith, J.,
(after stating the facts). Appellant insists there was a defect of parties in that the court undertook to render a final decree both as to the title to the property, and the accounting for the rents, when a number of the Feild heirs were neither parties plaintiff nor defendant. Appellant also says this action is barred by laches. But we find it unnecessary to consider either of these questions, as we think the chancellor’s finding that there was a trust in the land in favor of the heirs of Silas Feild is contrary to the preponderance of the evidence.
Appellees insist that appellant…
2Cases cited5 opinions
- Spradling v. SpradlingSupreme Court of Arkansas · 1911
- Rogers v. MurrayNew York Court of Chancery · 1831
- Sale v. McLeanSupreme Court of Arkansas · 1874
- Bland v. TalleySupreme Court of Arkansas · 1887
- Grayson v. BowlinSupreme Court of Arkansas · 1902
3Cited by9 opinions
- Bray v. TimmsSupreme Court of Arkansas · 1924
- Bowmaster v. CarrollCourt of Appeals for the Eighth Circuit · 1928
- Barron v. StuartSupreme Court of Arkansas · 1918
- Ripley v. KellySupreme Court of Arkansas · 1944
- McKindley v. HumphreySupreme Court of Arkansas · 1942
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