Howell v. Duke
Supreme Court of Arkansas
APPEAL from Pope Circuit Court. Hon. W. D. Jaco way, Circuit Court. Appellant was entitled to compel the Administrator to resort to the unsold lands to pay the debts, before subjecting those purchased by him. A Court of Equity has jurisdiction to marshall assets, or enjoin a sale which would cast a cloud on title, and having taken jurisdiction-for one purpose, will determine all matters in controversy arising out of the subject matter of the suit.
1Opinion of the CourtSmith, J.
John B. Caldwell, died in Pope county in the year 1870, seized of 270 acres of land, all of which he devised to his son. Moses EL, besides bequeathing to him the greater part of'his personal estate. The will was proved and Moses qualified as Executor. He seems to have neglected one very important duty of an Executor, viz: to pay the debts of his testator. For we find that his successor in the administration — the present appellee —applied to and obtained from the Probate Court license to sell these lands upon a petition suggesting that the personalty of the deceased had been squandered and…
2Cases cited2 opinions
- James v. HubbardNew York Court of Chancery · 1828
- Watson v. BaneCourt of Appeals of Maryland · 1854
3Cited by5 opinions
- Sylvanus v. PruettNew Mexico Supreme Court · 1932
- New York Life Insurance v. BrownSupreme Court of Colorado · 1904
- Bagley v. WeaverSupreme Court of Arkansas · 1903
- Carl v. Elizabeth HospitalSupreme Court of Arkansas · 1942
- Regional Agricultural Credit Corporation v. PolkSupreme Court of Arkansas · 1948