Bonner v. Gorman
Supreme Court of Arkansas
Appeal from St. Francis circuit court. Hanoe N. Hutton, Judge. There may be constructive fraud compatible with the most honest and honorable intentions. 34 Ark. 466; 12 Am. & Eng. Enc.
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Appeal from St. Francis circuit court. Hanoe N. Hutton, Judge. There may be constructive fraud compatible with the most honest and honorable intentions. 34 Ark. 466; 12 Am. & Eng. Enc. Law, 99; 140 Mass. 488. A court of equity can interpose to correct fraud in confirmed settlements. 48 Ark. 547; 40 Ark. 402; 33 Ark. 729. The settlement of an administrator’s account will be reopened in equity at the instance of sureties to let in defenses. 57 Ark. 532. Orders of the probate court not authorized by statute are void. 33 Ark. 425; 60 Ark. 369. A judgment rendered without jurisdiction of the…
1Opinion of the CourtBunn, C. J.
This is a suit against the appellants as sureties on the bond of L. P. Featherstone, original administrator of the estate of Mary N. Cole, deceased, by H. P. Gorman, administrator in succession.
L. P. Featherstone having become a non-resident, his letters as administrator were revoked by the probate court of St. Francis county, and a settlement of his account was afterwards made by said probate court and a balance struck against him in the sum of nine hundred ninety one and 28-100 dollars, and judgment rendered accordingly on January 29, 1900, reciting the appearance of Featherstone and his…
2Cases cited1 opinion
- Neale v. PeaySupreme Court of Arkansas · 1860
3Cited by1 opinion
- Lewis v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1913