Burgett v. Apperson
Supreme Court of Arkansas
APPEAL from Crittenden Circuit Court. J. E. Riddick, Judge. No affidavit, as required by Mansf. Dig., sec. iy6, accompanied the report of sale; nor was there any sworn evidence of any kind before the court. No affidavit, as required by sec. 18 ‡, ib., nor any order of court requiring the sale twelve months thereafter was made ; nor was there any judicial action of any kind. But lands worth, as appraised, $79,000 were sacrificed at $17,000, and this was not paid.
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APPEAL from Crittenden Circuit Court. J. E. Riddick, Judge. No affidavit, as required by Mansf. Dig., sec. iy6, accompanied the report of sale; nor was there any sworn evidence of any kind before the court. No affidavit, as required by sec. 18 ‡, ib., nor any order of court requiring the sale twelve months thereafter was made ; nor was there any judicial action of any kind. But lands worth, as appraised, $79,000 were sacrificed at $17,000, and this was not paid. No deed was executed (sec. 177-8, ib.), so the fee to the land remains in the only heir. The administrator was her guardian, and…
1Opinion of the CourtCockrill, C. J.
The appellant, who is the daughter and sole heir of Isaac Burgett, deceased, presented her. petition to the Circuit Court for a writ of certiorari to quash an order of the Probate Court confirming a sale of her father’s lands made by the administrator to pay debts. The court caused the writ to issue, but quashed it upon an inspection of the record.
It appears from the Clerk’s return to the writ that the Probate Court refused to order a sale of the lands upon the petition of Apperson, who was a creditor cf the estate. Apperson appealed to the Circuit Court and there obtained an order of sale.…
2Cases cited2 opinions
- Hooker v. New-Haven & Northampton Co.Supreme Court of Connecticut · 1843
- Green v. ClarkSupreme Court of Vermont · 1852
3Cited by33 opinions
- State Ex Rel. Purcell v. NelsonSupreme Court of Arkansas · 1969
- Hall v. BledsoeSupreme Court of Arkansas · 1916
- Bridges v. Arkansas Motor Coaches, Ltd., Inc.Supreme Court of Arkansas · 1974
- Merchants & Planters Bank v. FitzgeraldSupreme Court of Arkansas · 1896
- Cherokee Construction Co. v. HarrisSupreme Court of Arkansas · 1909
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