Bellows v. Cheek
Supreme Court of Arkansas
Appeal from the Circuit Court of Crittenden county. Hon. George W. Beazley, Circuit Judge. The whole proceeding is erroneous, ab initio: the record showing on its face that it is a case of which the Probate Court could not take jurisdiction, The claim is founded on a contract in writing, partly performed, alleged to be broken, and sought to be held as partially rescinded; and therefore, clearly not within the jurisdiction of the Probate Court.
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Appeal from the Circuit Court of Crittenden county. Hon. George W. Beazley, Circuit Judge. The whole proceeding is erroneous, ab initio: the record showing on its face that it is a case of which the Probate Court could not take jurisdiction, The claim is founded on a contract in writing, partly performed, alleged to be broken, and sought to be held as partially rescinded; and therefore, clearly not within the jurisdiction of the Probate Court. That court is essentially a court of law, and as such, has cognizance only of the legal rights of the parties before it. The record, in this view,…
1Opinion of the CourtChief Justice English
It appears from the transcript in this case, that on the 18th July, 1855, Geo. W. Cheek presented to the Probate Court of Crittenden county, for allowance 'against the estate of John W. Lumpkin, deceased, the following account:
“ JOHN W. LUMPKIN,
To George W. Cheek, Dr.
To amount due on two houses and lots............$ 7,000 00
To amount paid in part payment of a tract of land to which the said Lumpkin failed to make title, 5,000 00
$12,000 00
Appended was the affidavit of Cheek, that the sum demanded, with interest from 4th March, 1823, was justly due, etc., and upon the account was the following…
2Cases cited3 opinions
- Barnett v. StantonSupreme Court of Alabama · 1841
- Desha's Exrs. v. RobinsonSupreme Court of Arkansas · 1856
- Sillivant & Thorn v. ReardonSupreme Court of Arkansas · 1843
3Cited by5 opinions
- Herrick v. RobinsonSupreme Court of Arkansas · 1980
- Dunnivan v. HughesSupreme Court of Arkansas · 1908
- Laser v. ForbesSupreme Court of Arkansas · 1912
- McKinney v. Jones.Supreme Court of Arkansas · 1946
- Fisher v. JonesSupreme Court of Arkansas · 1991