Estes v. Lucky
Supreme Court of Arkansas
Appeal from Pulaski Chancery Court; John E. Martillean, Chancellor; 1. There was no ground for setting aside the decree of April 23, 1910. Before a collateral attack can be sustained it must be shown that the court was without jurisdiction, or that there was fraud or mistake. 91 Ark. 525; 101 Id. 390. The fraud must be in the procurement and not in the case itself. 94 Ark. 588. All parties were before the court, the minors by guardian ad litem.
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Appeal from Pulaski Chancery Court; John E. Martillean, Chancellor; 1. There was no ground for setting aside the decree of April 23, 1910. Before a collateral attack can be sustained it must be shown that the court was without jurisdiction, or that there was fraud or mistake. 91 Ark. 525; 101 Id. 390. The fraud must be in the procurement and not in the case itself. 94 Ark. 588. All parties were before the court, the minors by guardian ad litem. A full and fair hearing was had and decree rendered. None of the claims were barred by limitation or nonclaim. 123 Ark. 161. No fraud accident or…
1Opinion of the CourtHumphreys, J.
Alfred Lucky died intestate February 28, 1914, leaving Sarah Lucky, his widow, Jack Lucky, Nathan Lucky, George Lucky, Alfred O. Lucky and Emanuel Lucky, his children and only heirs at law. At the time of his death he owned the northwest quarter, northwest quarter and north half, southwest quarter, northwest quarter,' section 22, township 2 south, range 10 west, in Pulaski County, Arkansas, which constituted his homestead. The family were residing on the homestead at the time, and still reside on about two acres where the house is situated. On April 23, 1903, prior to his death, he and Sarah…
2Cases cited7 opinions
- Boyd v. RoaneSupreme Court of Arkansas · 1887
- Bank of Pine Bluff v. LeviSupreme Court of Arkansas · 1909
- Pattison v. SmithSupreme Court of Arkansas · 1910
- Martin v. GwynnSupreme Court of Arkansas · 1909
- Woodall v. MooreSupreme Court of Arkansas · 1891
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
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- Pierce v. FontenelleNebraska Supreme Court · 1952
- Shaw v. PolkSupreme Court of Arkansas · 1922
- Dunn v. BradleySupreme Court of Arkansas · 1927
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