Dowell v. Tucker
Supreme Court of Arkansas
APPEAL from Lawrence Circuit Court. Hon. R. H. Powell, Circuit Judge. • 1. Is section 38, chapter 18, Gould’s Digest, which was omitted from Gantt’s Digest, but is carried forward in Mansfield’s Dig. as sec. 6585, authorizing the proceedings in the circuit court by devisavit vel non, the law? 2. This section has not been expressly repealed, and if repealed at all it is repealed by implication. Repeals by implication are not favored.
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APPEAL from Lawrence Circuit Court. Hon. R. H. Powell, Circuit Judge. • 1. Is section 38, chapter 18, Gould’s Digest, which was omitted from Gantt’s Digest, but is carried forward in Mansfield’s Dig. as sec. 6585, authorizing the proceedings in the circuit court by devisavit vel non, the law? 2. This section has not been expressly repealed, and if repealed at all it is repealed by implication. Repeals by implication are not favored. The rule is: “ That an existing statute shall not be repealed by a subsequent enactment unless the repeal be expressed in words of revocation, or unless there is…
1Opinion of the CourtBattle, J.
On the -18th day of August, 1884, Dowell and Taylor Dowell commenced this action against Frank W. Tucker and others. They state in their complaint, among other things, as follows :
That, on or about the 9th day of September, 1865, Samuel Robinson departed this life intestate, leaving him surviving his daughter, Martha C. Dowell, wife of John Henry Dowell, as his sole heir at law, the said Martha G. being-the mother and the said John Henry Dowell being the father of plaintiffs. That Samuel Robinson, at the time of his death, was seized and possessed of real and personal property of the value of…
2Cases cited1 opinion
- Bunce v. WolcottSupreme Court of Connecticut · 1816
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