LaCotts v. Pike
Supreme Court of Arkansas
Appeal from Arkansas Chancery Court; John M. Elliott, Chancellor; I. Since partition cannot be had until all accounts are adjusted, this action, and not a suit for partition, is the proper remedy. George on Partnership, 303; 82 Iiun (N. Y.) 238; Bates on Partnership,'§ 975; 95 U. S. 401. However, if the court found that an action to settle the partnership affairs was not a proper remedy, he should have caused the proceedings to be changed, rather than to dismiss the bill.
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Appeal from Arkansas Chancery Court; John M. Elliott, Chancellor; I. Since partition cannot be had until all accounts are adjusted, this action, and not a suit for partition, is the proper remedy. George on Partnership, 303; 82 Iiun (N. Y.) 238; Bates on Partnership,'§ 975; 95 U. S. 401. However, if the court found that an action to settle the partnership affairs was not a proper remedy, he should have caused the proceedings to be changed, rather than to dismiss the bill. Kirby’s Dig. §§ 5980, 5991. 2. The facts establish a partnership. 63 Ark. 518; 87 Ark. 412. 1. The test of partnership is…
1Opinion of the CourtFrauenthae, J.
The plaintiff, John LaCotts, instituted this suit on December 14, 1904, in the Arkansas Chancery Court against the defendants, who are the widow and children of J. F. Pike, deceased. In his complaint he alleges that he formed a partnership with said J. F. Pike on September 1, 1888, and that the contract of partnership was evidenced by a deed of that date executed by J. F. Pike to him by which said Pike conveyed to him an undivided one-half interest in certain land and a saw and grist mill, gin stand, press and machinery located on the land; that there had never been any settlement of the…
2Cases cited16 opinions
- Moore v. GordonSupreme Court of Arkansas · 1884
- Trapnall v. HillSupreme Court of Arkansas · 1876
- Asheey v. Little RockSupreme Court of Arkansas · 1892
- Herman Kahn Co. v. BowdenSupreme Court of Arkansas · 1906
- Buford v. LewisSupreme Court of Arkansas · 1908
11 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Beebe v. OlentineSupreme Court of Arkansas · 1911
- Simmons v. TurnerSupreme Court of Arkansas · 1926
- Wilson v. TodhunterSupreme Court of Arkansas · 1918
- Moore v. JacksonSupreme Court of Arkansas · 1924
- Cole v. BurnettSupreme Court of Arkansas · 1915
5 more not listed; retrieve them via the Exa API.