Lemon's Heirs v. Rector
Supreme Court of Arkansas
Appeal from Pulaski Ci/rovAt Court m Cha/noery. The Hon. "William: H. Eeild, Circuit Judge. Even where there is an executor or administrator, who will not sue, or assent for the distributees to sue for chattels, to which they are entitled, such distributees ma j file a bill in equity to enforce their rights. Thomas vs. White, 3 Htt.
Read the full summary
Appeal from Pulaski Ci/rovAt Court m Cha/noery. The Hon. "William: H. Eeild, Circuit Judge. Even where there is an executor or administrator, who will not sue, or assent for the distributees to sue for chattels, to which they are entitled, such distributees ma j file a bill in equity to enforce their rights. Thomas vs. White, 3 Htt. Rep. 180/ Wood/uoa/rd vs. Threlheld, 1 A. K. Ma/rsh Rep. 10/ Deatley, áse., vs. Mwphey, dke., il>. 480. A sole heir and distributee may recover possession of the estate, by suit, without an administration — the personal as well as real . — and where there are no…
1Opinion of the CourtJustice Soott
The appellants allege, in their bill, that they are the heirs at law of James Lemon, who died may years ago. That, on the 28th of April, A. D. 1832, their ancestor filed his bill in chancery, against the appellees, (on whom process was served,) but died intestate before final decree. That, after his death, the cause was revived by Thomas Mathers, as administrator, and a final decree obtained for the sum of $250 principal, $127 interest then accrued, together with 6 per cent, interest from that date upon the principal sum, besides costs. That, soon afterwards, Mathers died, and J ames DeBaun…
2Cited by7 opinions
- Dean v. BrownSupreme Court of Arkansas · 1950
- Mike Garoogian D/B/A Atlas Truck & Equipment Company v. Gerald Medlock, J. E. Medlock and J. Medlock Produce, Inc., Intervenor-AppellantsCourt of Appeals for the Eighth Circuit · 1979
- Jensen v. Housley, AdministratorSupreme Court of Arkansas · 1944
- Chisholm v. CryeSupreme Court of Arkansas · 1907
- Oldman v. Melton, AdministratorSupreme Court of Arkansas · 1943
2 more not listed; retrieve them via the Exa API.