Legal Opinion

Nichols v. Shearon

Supreme Court of Arkansas

Decided November 15, 1886PublishedCited by 20 opinions

APPEAL from Conway Circuit Court, in Chancery. G. S. Cunningham, Judge. The jurisdiction of a court of equity cannot be invoked upon mere general charges of fraud without specifying in what the fraud consists.

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APPEAL from Conway Circuit Court, in Chancery. G. S. Cunningham, Judge. The jurisdiction of a court of equity cannot be invoked upon mere general charges of fraud without specifying in what the fraud consists. Nor can its jurisdiction be invoked to review the proceedings of a Probate Court in matters which are exclusively within its jurisdiction, except for fraud or mistake. 45 Ark., 306; JO id., 66; 33 id., 727; 34 id., 63; 39 id., 236; 40 id., 393; 42 id., 186. A court of equity will correct a mistake in the numbers of the land in a deed. Bispli. Eg., secs. 190, 191. Review the…

1Opinion of the CourtSmith, J.

William Carter Shearon died in the year 1863, leaving a widow and two young children. He was the owner of two parcels of land, each containing one hundred and sixty acres, and upon one of which he resided with his family. He was also possessed of some personal propertybut this was in part destroyed by the soldiery, the civil war being then flagrant and the remainder was consumed in the sustenance of his surviving family. Administration of his estate was granted in October, 1865, to Samuel H. Nichols, his brother-in-law, and also a creditor. At January term, 1866, of Conway Probate Court, the…

2Cited by20 opinions

  1. Johnson v. UmstedCourt of Appeals for the Eighth Circuit · 1933
  2. Bond v. MontgomerySupreme Court of Arkansas · 1892
  3. Hart v. WimberlySupreme Court of Arkansas · 1927
  4. Cherokee Construction Co. v. HarrisSupreme Court of Arkansas · 1909
  5. Pioneer Mortgage Co. v. CarterSupreme Court of Oklahoma · 1921

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