Dooley v. Dooley
Supreme Court of Arkansas
Appeal from the Circuit Court of Lafayette county in Chdncery. The Hon. Josiaii Gould, Circuit Judge, presiding. Argued and submitted at the January term, 1850. As the defendants did not appeal, no question is presented to this court as to the sufficiency of the crossbill: and the only matter for enquiry is whether a final settlement in the Probate Court can be impeached and opened by an answer without a bill.
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Appeal from the Circuit Court of Lafayette county in Chdncery. The Hon. Josiaii Gould, Circuit Judge, presiding. Argued and submitted at the January term, 1850. As the defendants did not appeal, no question is presented to this court as to the sufficiency of the crossbill: and the only matter for enquiry is whether a final settlement in the Probate Court can be impeached and opened by an answer without a bill. The settlement in the Probate Court, is conclusive, and cannot be impeached in a collateral proceeding {Borden et al. vs. State use of, 6 Eng. 519.) And the defendants.are entitled to…
1Opinion of the CourtJustice Walker
The bill in this case is filed to compel the defendants, who are the legatees under the will of Thomas Dooley, to refund to complainants, the executors of said estate, so much Of the specific legacies paid over to them as may be necessary to pay $879 42, a balance in favor of the complainants, upon final settlement of the estate.
The defence to these allegations was, not that defendants were not the legatees, or had not received the specific legacies; nor was it that no settlement had been made with the Probate Court showing that such balance was due to the complainants. But they attempted to…
2Cited by6 opinions
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- Beckett v. WhittingtonSupreme Court of Arkansas · 1909
- Sunny South Lumber Co. v. Neimeyer Lumber Co.Supreme Court of Arkansas · 1896
- Jackson v. GormanSupreme Court of Arkansas · 1902
- Clark v. SheltonSupreme Court of Arkansas · 1855
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