Newman v. Neel
Supreme Court of Arkansas
Appeal from White Chancery Court; John E. Martineau, Chancellor; 1. The chancery court did not have jurisdiction of the suit instituted May 5, 1919, against J. W. and Ellen Matthews, Challdey and J. Gr. Howard, which was in the nature of a creditor’s bill, for the reason that Neel had not exhausted his remedy at law, and J. W. Matthews was insolvent, and the judgment might .have been collected out of his personal property or other property than the land in question.
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Appeal from White Chancery Court; John E. Martineau, Chancellor; 1. The chancery court did not have jurisdiction of the suit instituted May 5, 1919, against J. W. and Ellen Matthews, Challdey and J. Gr. Howard, which was in the nature of a creditor’s bill, for the reason that Neel had not exhausted his remedy at law, and J. W. Matthews was insolvent, and the judgment might .have been collected out of his personal property or other property than the land in question. It is well settled equity will not assume jurisdiction where an adequate remedy at law exists, 27 Ark. 157. Here the…
1Opinion of the CourtHumphreys, J.
This suit was instituted in the White Chancery Court by appellant against appellees to enjoin a sale of lands by the commissioner in chancery in a suit instituted on May 5, 1919, by R. P. Neel against J. W. Matthews, Ellen Matthews, H. C. Chalkley and J. G. Howard, which was in the nature of a creditor’s bill, for the purpose of subjecting the lands of J. W. Matthews to the payment of a common-law judgment which had been obtained by R. P. Neel against J. W. Matthews in the White Circuit Court on August 2, 1916. Appellant alleged ownership of the lands by purchase from A. P. Matthews, who had…
2Cases cited1 opinion
- Waldstein v. WilliamsSupreme Court of Arkansas · 1912
3Cited by1 opinion
- Cosby v. HurstSupreme Court of Arkansas · 1921