Bennett v. Owen
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court in Chancery, The proceedings of the Probate Court are not void, and though informal or irregular, cannot he impeached collaterally.
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Appeal from Pulaski Circuit Court in Chancery, The proceedings of the Probate Court are not void, and though informal or irregular, cannot he impeached collaterally. Borden v. State, use Robinson? 6 JEng. 519. Erwin v. Lowery, 7 Howard (U.S.) 181. The executors acting under the order of the Probate Court, did not warrant the title, and Owens purchased only such title as they could give: he executed his note for the purchase money, and took possession of the property from which he has never been evicted. The note was assigned to the appellants, under agreement with Owens, for extension of…
1Opinion of the CourtJustice Walkee
The points of equity, presented by the record in this case, are, First: That the executors of the estate of McDaniel had no power to sell, and could convey no title to the lots sold to defendant, Owen, and therefore the consideration for which the note was executed, had failed. Second: That through mistake of all the parties, the executors sold and delivered to defendant, Owen, real estate to which McDaniel’s estate had no title, and therefore the consideration had failed.
In answer to the first objection, the defendants say that although the proceedings under which the sale took place, may…
2Cited by8 opinions
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- Allied Chemical Corp. v. Van Buren School District No. 42Supreme Court of Arkansas · 1979
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- Firestone Tire & Rubber Co. v. LittleCourt of Appeals of Arkansas · 1980
- Beidler v. BeidlerSupreme Court of Arkansas · 1903
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