Sanders v. Moore
Supreme Court of Arkansas
APPEAL from Phillips Circuit Court in Chancery. M. T. Sanders, Judge. Cliff, the father of the plaintiff, Mrs. Sanders, died in 1867, leaving her his only heir. The administrator sold the land of the estate under an order of the Probate Court, and it was purchased by J. W. Humphries, who executed his note for part of the purchase money.
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APPEAL from Phillips Circuit Court in Chancery. M. T. Sanders, Judge. Cliff, the father of the plaintiff, Mrs. Sanders, died in 1867, leaving her his only heir. The administrator sold the land of the estate under an order of the Probate Court, and it was purchased by J. W. Humphries, who executed his note for part of the purchase money. Mrs. Sanders brought this suit in 1885 against Humphries’ heir, to enforce the payment of his note, alleging that by imposition upon an administrator de bonis non Humphries procured a deed without paying his note. That there was no administration pending on…
1Per curiam
Appeals The dismissal of an appeal for want of pros-ecution does not bar a second appeal. Ashley v. Brazil, 1 Ark., 144; Turner v. Tappscott, 29 ib., 318.
Parties The only question decided by the Circuit Court or pressed for determination here, is the right of the plaintiff to main-lain the action. She is the sole heir of her deceased father, who died in 1867; there was administration on his estate soon after; the administration ceased by the death of the administrator in 1882, and no effort has been made by the creditors, if there are any, to renew it. The principle governing the cases of…
2Cited by10 opinions
- Bray v. CoxNew York Court of Appeals · 1976
- Groendyke v. MusgraveSupreme Court of Iowa · 1904
- Beckett v. WhittingtonSupreme Court of Arkansas · 1909
- Boner v. Fall River County BankWyoming Supreme Court · 1917
- Caviness v. PeopleSupreme Court of Colorado · 1900
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