Baum v. Ingraham
Supreme Court of Arkansas
Appeal from Sebastian Chancery Court, Fort Smith District; J. H. Vaughan, Special Chancellor; 1. The court erred in not taking into account the unassigned dower of the widow. Ingraham was the real • purchaser of the land at the sale. 2. The filing of the mandate of this court was in effect the beginning of a new suit and notice was necessary and was not given. The sale of the lots subject to the dower interest was erroneous.
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Appeal from Sebastian Chancery Court, Fort Smith District; J. H. Vaughan, Special Chancellor; 1. The court erred in not taking into account the unassigned dower of the widow. Ingraham was the real • purchaser of the land at the sale. 2. The filing of the mandate of this court was in effect the beginning of a new suit and notice was necessary and was not given. The sale of the lots subject to the dower interest was erroneous. Kirby’s Digest, § § 5776-5785. 1. The law was followed as to filing the mandate, notice, etc. Kirby’s Digest, § 6174, as modified by subsequcnt statute. The mandate was…
1Opinion of the CourtHart, J.
This is the second appeal in this case. The opinion on the former appeal was delivered on October 21, 1918, and is reported in 136 Ark. 101, under the style of Ingraham v. Baum. This suit was originally brought in equity by William and Marguerite Baum against Lee H. Ingraham to set aside a probate sale to certain lots at which Ingraham became the purchaser at private sale and which the plaintiffs allege they had inherited from their father. The father of the plaintiffs died owning three lots in the city of Fort Smith, Arkansas, being the property in controversy. His widow removed to the State…
2Cases cited5 opinions
- Weaver v. RushSupreme Court of Arkansas · 1896
- Griffin v. DunnSupreme Court of Arkansas · 1906
- Arbaugh v. WestSupreme Court of Arkansas · 1917
- Flowers v. FlowersSupreme Court of Arkansas · 1907
- Ingraham v. BaumSupreme Court of Arkansas · 1918
3Cited by3 opinions
- Tandy v. SmithSupreme Court of Arkansas · 1927
- Penney v. LongSupreme Court of Arkansas · 1946
- Baum v. IngrahamSupreme Court of Arkansas · 1921