McDonald v. Kenney
Supreme Court of Arkansas
Appeal from Sebastian Chancery Court, Fort Smith District; J. V. Bourland, Chancellor; 1. The chancellor can not arbitrarily disregard the findings of fact by the master.
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Appeal from Sebastian Chancery Court, Fort Smith District; J. V. Bourland, Chancellor; 1. The chancellor can not arbitrarily disregard the findings of fact by the master. The conclusions reached by a master upon conflicting testimony have every reasonable presumption in their favor, and will not be set aside or modified unless there clearly appears to have been error or mistake on his part. 125 U. S. 136; 92 Ark. 361-363. But where, as in this case, the master was appointed by consent of the parties, not only does the presumption of the correctness of the master’s findings prevail, but “his…
1Opinion of the CourtFrauenthal, J.
This is the second appeal of this case to this court. The opinion rendered upon the former appeal is reported under the style of McDonald v. Shaw, in 92 Ark. 15. These suits were originally instituted in the circuit court by Ella Hare, through her guardian, to recover from the respective defendants certain lots situated in the city of Ft. Smith. Subsequently, the suits were consolidated and transferred to the chancery court, where a decree adverse to the plaintiff was rendered. Upon the former appeal, it was decided that Ella Hare was the owner of the lots sued for, and entitled to the…
2Cases cited11 opinions
- Davis v. SchwartzSupreme Court of the United States · 1895
- Brown v. NelmsSupreme Court of Arkansas · 1908
- McDonald v. RankinSupreme Court of Arkansas · 1909
- Griffin v. Anderson-Tully Co.Supreme Court of Arkansas · 1909
- McDonald v. ShawSupreme Court of Arkansas · 1909
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3Cited by5 opinions
- Forrester v. CookUtah Supreme Court · 1930
- Crowell v. SeelbinderSupreme Court of Arkansas · 1932
- Miles v. DodsonSupreme Court of Arkansas · 1912
- MidFirst Bank v. SumpterCourt of Appeals of Arkansas · 2016
- DeLaughter v. BrittSupreme Court of Arkansas · 1967