Scoggin v. Hudgins
Supreme Court of Arkansas
Appeal from Howard Chancery Court; James D. Shaver, Judge; 1. Since the administration is still pending, with both real and personal property in the hands of the administratrix unadministered, appellee’s remedy is at law against the administratrix.
Read the full summary
Appeal from Howard Chancery Court; James D. Shaver, Judge; 1. Since the administration is still pending, with both real and personal property in the hands of the administratrix unadministered, appellee’s remedy is at law against the administratrix. The administrator is not by law compelled to plead the statute of nonclaim or statute of limitations. 14 Ark. 246; 22 Ark. 290; 14 Ark. 309; 27 Ark. 252; Kirby’s Digest, § § 56, 59. 2. It was improper to render judgment against the homestead, subject to homestead interests of the widow and minor children. They are not to be disturbed in their…
1Opinion of the CourtBattle, J.
J. J. Hudgins brought a suit against the heirs of W. G. Scoggin, deceased, to subject certain lands descended to them to the satisfaction of his certain claim against the deceased.
Sometime in the year 1892, W. G. Scoggin, in consideration of the sum of $75 paid to him by J. J. Hudgins, conveyed a certain tract of land to Hudgins, and covenanted with him that he would forever warrant and defend the title to the land against all lawful claims. At the time of the execution of the deed there was a valid mortgage on the land in favor of the Southern Building & Loan Association to secure an…
2Cases cited4 opinions
- Collier v. CowgerSupreme Court of Arkansas · 1889
- Dillahunty v. Railway Co.Supreme Court of Arkansas · 1894
- Berton v. AndersonSupreme Court of Arkansas · 1892
- Hecht v. SkaggsSupreme Court of Arkansas · 1890
3Cited by9 opinions
- Smiley v. ThomasSupreme Court of Arkansas · 1952
- Doris Herndon v. United StatesCourt of Appeals for the Eighth Circuit · 1974
- First National Bank v. ConnollyOregon Supreme Court · 1942
- Van Bibber v. HardySupreme Court of Arkansas · 1949
- Elliott v. ThompsonIdaho Supreme Court · 1941
4 more not listed; retrieve them via the Exa API.