Blanton v. Rose
Supreme Court of Arkansas
Appeal from Cross Chancery Court. Edward D. Robertson, Chancellor. Ada Neal, adult, and William, Sarah and Sabina Rose, infants, on January 7, 1898, filed a bill against William M. Block, as administrator of W. B. Rose, deceased, and H. T. Blanton, to review a decree rendered on November 4, 1893, whereby the title to a tract of land was divested out of appellees and vested in W. B. Rose.
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Appeal from Cross Chancery Court. Edward D. Robertson, Chancellor. Ada Neal, adult, and William, Sarah and Sabina Rose, infants, on January 7, 1898, filed a bill against William M. Block, as administrator of W. B. Rose, deceased, and H. T. Blanton, to review a decree rendered on November 4, 1893, whereby the title to a tract of land was divested out of appellees and vested in W. B. Rose. The complaint alleges that the adult plaintiff is the widow, and the other plaintiffs the sole heirs of Yachel Rose, deceased; that the latter in his lifetime purchased the land, which is the subject-matter…
1Opinion of the CourtWood, J.
The questions are:
First. Could the infant appellees avoid the original decree as against the representative of the Rose estate?
Second. Could they avoid it as against the appellant Blanton ?
Third. Could Mrs. Ada Neal avoid the decree?
1. The proof shows that the land in controversy was the property of Vachel Rose at the time of his death. This is sufficient to entitle the appellees, the infant heirs of Yachel Rose, to the relief sought, as against the representative of the W. B. Rose estate.
2. Section 5871, Sand. & H. Dig., is as follows: “It shall not be necessary to reserve, in a judgment or…
2Cases cited4 opinions
- Boyd v. RoaneSupreme Court of Arkansas · 1887
- Mills v. DennisNew York Court of Chancery · 1818
- Weaver v. RushSupreme Court of Arkansas · 1896
- Moore v. WoodallSupreme Court of Arkansas · 1882
3Cited by9 opinions
- Martin v. GwynnSupreme Court of Arkansas · 1909
- Crockett v. RootSupreme Court of Oklahoma · 1943
- Estes v. LuckySupreme Court of Arkansas · 1918
- Kazebeer v. NunemakerNebraska Supreme Court · 1908
- Berringer v. StevensSupreme Court of Arkansas · 1920
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