Percy v. Cockrill
Court of Appeals for the Eighth Circuit
Appeal from tlie Circuit Court of tlie United States for the Eastern District of Arkansas. In Equity. Bill by USTancy Armstrong Percy against Sterling R. Cockrill and others to recover a one-fifth interest in certain realty, with the rents and profits. Defendant Cockrill died pending the' suit, and the cause was revived in the name of Sterling R. Cockrill, Jr., his executor and trustee. A demurrer was sustained, and the bill dismissed. Complainant appeals.
Read the full summary
Appeal from tlie Circuit Court of tlie United States for the Eastern District of Arkansas. In Equity. Bill by USTancy Armstrong Percy against Sterling R. Cockrill and others to recover a one-fifth interest in certain realty, with the rents and profits. Defendant Cockrill died pending the' suit, and the cause was revived in the name of Sterling R. Cockrill, Jr., his executor and trustee. A demurrer was sustained, and the bill dismissed. Complainant appeals. Statement by SAXIKXKX. Circuit Judge: TMs is an appeal from a. decree of the court; helow sustaining a demurrer to, and dismissing, the…
1Opinion of the Court
SANBORN, Circuit Judge,
(after stating the facts.) The first question suggested by this record is, — conceding for the present that tliia will created a trust in favor of the complainant which charged the property devised to her three brothers with the burden of making suitable provision for her; that this canse of action did not accrue until she discovered the late defendant Cockrill in possession of her father’s home in 1858, claiming to own it under the conveyances from her brothers to him; and that the charges of his knowledge of the violation of this trust, and of his collusion with those…
2Cases cited27 opinions
- Wood v. CarpenterSupreme Court of the United States · 1879
- Oliver v. PiattSupreme Court of the United States · 1845
- Badger v. BadgerSupreme Court of the United States · 1865
- Kirby v. Lake Shore & Michigan Southern RailroadSupreme Court of the United States · 1887
- Godden v. KimmellSupreme Court of the United States · 1879
22 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Johnson v. UmstedCourt of Appeals for the Eighth Circuit · 1933
- Borserine v. Maryland Casualty Co.Court of Appeals for the Eighth Circuit · 1940
- Gustafson v. Chicago, R. I. & P. Ry. Co.U.S. Circuit Court for the District of Western Missouri · 1904
- Davis v. HarrellSupreme Court of Arkansas · 1911
- Swift v. SmithCourt of Appeals for the Eighth Circuit · 1897
14 more not listed; retrieve them via the Exa API.