Mobbs v. Millard
Supreme Court of Arkansas
Appeal from Sevier Chancery Court; James B. Shaver, Chancellor; STATEMENT OP PACTS. On the 28th day of August, 1904, John Mobbs departed this life intestate, leaving him surviving as his widow, L. L. Mobbs, and as his minor children and only heirs at law, Frank Mobbs, May Mobbs and Elmer Mobbs. Tbe only property be owned at tbe time of bis death was bis homestead situated in Sevier County, Arkansas.
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Appeal from Sevier Chancery Court; James B. Shaver, Chancellor; STATEMENT OP PACTS. On the 28th day of August, 1904, John Mobbs departed this life intestate, leaving him surviving as his widow, L. L. Mobbs, and as his minor children and only heirs at law, Frank Mobbs, May Mobbs and Elmer Mobbs. Tbe only property be owned at tbe time of bis death was bis homestead situated in Sevier County, Arkansas. At tbe October term, 1909, of tbe Sevier Probate Court tbe gúardian of said minor children filed a petition asking for a sale of tbe land. Tbe widow joined in tbe petition, waiving her rights of…
1Opinion of the Court
Hart, J.,
(after stating the facts). The issues raised by the appeal depend upon the construction to be given section 3793 of . Kirby’s Digest. It was enacted April 8, 1891, and is as follows:
“All probate sales of real estate made pursuant to proceedings not in substantial compliance with statutory provisions shall be voidable.”
At the time of the sale in question section 3796 of Kirby’s Digest was also in force and provides that “no real estate of any minor shall be sold for less than three-fourths of its appraised value.”
The record in the instant case shows that the Sevier Probate Court…
2Cases cited2 opinions
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