Price v. Notrebe's Heir
Supreme Court of Arkansas
Appeal from the Gvrcuit Court of Arkansas County in Chancery. The TIon. Thbodoeio F. Soeeells, Cirbuit Judge. The court below, we think, clearly erred in dismissing the bill of review, for whatever may be the evidence as to the new matter charged, or the law arising thereon, some of the errors pointed out by the bill as existing in the former decree, clearly ought to have been corrected. And, if so, to dismiss the bill, was erroneous. See 2 8m. Chan. Rep. 51, 56/ 4 Mon.
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Appeal from the Gvrcuit Court of Arkansas County in Chancery. The TIon. Thbodoeio F. Soeeells, Cirbuit Judge. The court below, we think, clearly erred in dismissing the bill of review, for whatever may be the evidence as to the new matter charged, or the law arising thereon, some of the errors pointed out by the bill as existing in the former decree, clearly ought to have been corrected. And, if so, to dismiss the bill, was erroneous. See 2 8m. Chan. Rep. 51, 56/ 4 Mon. Rep. 145/ 3 Cilm. Rep. 10/ 4 Hen. dé Munf. Rep. 244/ Story’s Eg. Plead., sec. 407, 420/ 10 B. Mon. Rep. 301. In the original…
1Opinion of the CourtJustice Scott
This bill, as well as the original one, the proceedings in which are now sought to be reviewed, was filed by Mrs. Notrebe, as widow of Frederick Notrebe, deceased, against the executors and heirs at law of the latter. Mrs. Notrebe having afterwards intermarried with Price, he, therefore, was made a party complainant.
Tbe case presented on tbe original bill, was, tliat on the 23 d of October, 1843, Frederick Notrebe made bis last will and testament, whereby be devised one-balf of bis estate to bis wife, and tbe other to his son and grand - daughter. Tbe son having died in tbe lifetime of tbe…
2Cited by2 opinions
- McMurray v. McMurraySupreme Court of Arkansas · 1922
- Lockhart v. SpencerSupreme Court of Arkansas · 1957