Gardner v. Ward
Supreme Court of Arkansas
Appeal from Garland Chancery Court; Alphonzo Curl, Chancellor; STATEMENT BY THE COURT. Miles B. Gardner died in the early part of the year 1887, owning a quarter section of land about a mile and a half from the city limits of Hot Springs, in Garland County, on which he resided. He left surviving him, his widow, Sophronia Gardner, and Edward M, Gardner, an infant son about one year old.
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Appeal from Garland Chancery Court; Alphonzo Curl, Chancellor; STATEMENT BY THE COURT. Miles B. Gardner died in the early part of the year 1887, owning a quarter section of land about a mile and a half from the city limits of Hot Springs, in Garland County, on which he resided. He left surviving him, his widow, Sophronia Gardner, and Edward M, Gardner, an infant son about one year old. In August, 1887, after his death, another son was born, and he was called Miles B. Gardner, Jr. Miles B. Gardner left a" will by the terms of which the lands above referred to were devised to his children. The…
1Opinion of the Court
Hart, J.,
(after stating the facts). It is first contended by the plaintiff that, under the terms of the will, the probate court had no jurisdiction to sell the land in controversy. It is next contended by him that the sale is void, so far as Ward and the other purchasers are concerned, because there was collusion between Ward and the mother of Edward Gardner in the procurement of the sale in the probate court. In other words, it is claimed by plaintiff that the evidence in the case shows that the whole proceeding under which the land was sold was for the purpose and with the understanding…
2Cases cited3 opinions
- Mason v. WilsonSupreme Court of Arkansas · 1884
- Satchfield v. Laconia Levee DistrictSupreme Court of Arkansas · 1905
- Bosley v. ShannerSupreme Court of Arkansas · 1870
3Cited by11 opinions
- Ferguson v. RaglandCourt of Appeals of Texas · 1922
- Ellis v. First National BankSupreme Court of Arkansas · 1924
- Fonville v. Wichita State Bank & Trust Co.Supreme Court of Arkansas · 1923
- Union Life Insurance Company v. JohnsonSupreme Court of Arkansas · 1939
- Sims v. First Nat. Bank, HarrisonSupreme Court of Arkansas · 1979
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