Coolidge v. Burke
Supreme Court of Arkansas
Appeal from Phillips Circuit Court. IIauoe N. PIuTTOiSr, Judge. This is an appeal from a judgment overruling a demurrer to the following complaint: “Comes the plaintiff, F. Noel Burke, and complains of the defendant, Charles R. Coolidge, Sr., and for cause of action says: That he is the owner of the following lands lying in said county, to-wit, the northeast quarter of section 28, the east half of the northwest quarter of section 28, the west half of the southwest quarter of…
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Appeal from Phillips Circuit Court. IIauoe N. PIuTTOiSr, Judge. This is an appeal from a judgment overruling a demurrer to the following complaint: “Comes the plaintiff, F. Noel Burke, and complains of the defendant, Charles R. Coolidge, Sr., and for cause of action says: That he is the owner of the following lands lying in said county, to-wit, the northeast quarter of section 28, the east half of the northwest quarter of section 28, the west half of the southwest quarter of section 22, northeast quarter of the southwest quarter of section 22, west half of northwest quarter of section 22,…
1Opinion of the CourtWood, J.
1. "Where conversion is rightfully made, whether by the court or a trustee, all the consequences of conversion must follow if there be no equity in favor of the heir or any one else for reconversion.” Foster v. Foster, L. R. 1 Ch. Div. 588; In re Simmons, 55 Ark. 485. This principle applies here. The mortgage held by the firm of Coolidge & Company, being but a security for debt — a chose in action — was personalty. Turman v. Sanford, ante, p. 95. When the elder Coolidge died, the surviving partner held the partnership assets as trustee, for the sole purpose of winding up the partnership…
2Cases cited7 opinions
- Buchan v. SumnerNew York Court of Chancery · 1847
- Cobble v. TomlinsonIndiana Supreme Court · 1875
- Sternberg v. LarkinSupreme Court of Kansas · 1897
- Hill v. DraperSupreme Court of Arkansas · 1891
- Woodward-Holmes Co. v. NuddSupreme Court of Minnesota · 1894
2 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Carter v. CarterSupreme Court of Arkansas · 1917
- French v. VanattaSupreme Court of Arkansas · 1907
- Sessoms v. BallardSupreme Court of Arkansas · 1923
- Chastain v. LarneySupreme Court of Oklahoma · 1928
- Wheelock v. SimonsSupreme Court of Arkansas · 1905
9 more not listed; retrieve them via the Exa API.