Sixkiller v. Rogers
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court in Chancery, Ft. Smith district. A constructive trust arose in favor of the appellants, as against Turner, by reason of his preventing them from collecting their demand from the Rogers’ estate. Story, Eq. Jur. §§ 1250, 1251, 1255, 1256, 1258; 2 Pom. Eq. Jur. §§ 1044, 1053; 51 Ark. 351; 1 Lewin, Tr. 180; Perry, Tr. 166; 51 Cal. 158; 43 Yt. 48; 16 Wis. 91; 6 Lans. 368; 113 ü.
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Appeal from Sebastian Circuit Court in Chancery, Ft. Smith district. A constructive trust arose in favor of the appellants, as against Turner, by reason of his preventing them from collecting their demand from the Rogers’ estate. Story, Eq. Jur. §§ 1250, 1251, 1255, 1256, 1258; 2 Pom. Eq. Jur. §§ 1044, 1053; 51 Ark. 351; 1 Lewin, Tr. 180; Perry, Tr. 166; 51 Cal. 158; 43 Yt. 48; 16 Wis. 91; 6 Lans. 368; 113 ü. S. 89. No constructive trust arose in favor of appellants. 152 111. 651. The death of Rogers revoked Turner’s authority to collect the draft. Story, Ag. §§ 488, 489; 8 Wheat. 174; Tied.…
1Opinion of the CourtBattle, J.
Samuel' Sixkiller, a Cherokee Indian, died intestate, leaving Francis Sixkiller, his widow, Eliza E. Sixkiller, Emma Sixkiller, Samuel Sixkiller, Fannie Sixkiller, Cora Six-killer, and Rachael Sixkiller, his children, surviving him. At the time of his death he was in possession of certain real estate in the town of Muscogee, in the Indian Territory. Shortly after his death his widow died, leaving a last will and testament, by which she devised this real estate to Rachel, Cora, Francis and Samuel Sixkiller, who were her children, and nominated and appointed A. W. Robb, N. B. Moore and James W.…
2Cases cited1 opinion
- Hatch v. HutchinsonSupreme Court of Arkansas · 1897
3Cited by1 opinion
- Williamson v. MonroeU.S. Circuit Court for the District of Western Arkansas · 1900