Hornor v. Hanks
Supreme Court of Arkansas
Appeal from Phillips Circuit Court in Chancery. Hon. Charles C. Farrelly, Special Judge. We take the ground that Russell being a non-resident was not bound to follow the rules prescribed by the State Legislature in order to collect his demand against Ferebee. He had his remedies before him, either of which he was at liberty to pursue, and the election of one secured to him all benefits and rights he could possibly have had, by taking the other.
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Appeal from Phillips Circuit Court in Chancery. Hon. Charles C. Farrelly, Special Judge. We take the ground that Russell being a non-resident was not bound to follow the rules prescribed by the State Legislature in order to collect his demand against Ferebee. He had his remedies before him, either of which he was at liberty to pursue, and the election of one secured to him all benefits and rights he could possibly have had, by taking the other. On the same ground that a man in the State can sue either in the Circuit Court or in the Probate Court, Russell could sue and recover in the Federal…
1Opinion of the CourtJustice Fairchild
This suit has been pending since the 22d of March, 1848. On that day, Fleetwood Hanks filed his bill on the chancery side of the Circuit Court of Phillips county against Robert M. Ferebee, the Trustees of the Real Estate Bank, and William Russell, to obtain- partition of certain lands which Hanks alleged he and George W. Ferebee had formerly held in common, and which he insisted were still subject to partition ; himself being entitled in equity to an equal undivided part thereof, the other part belonging to William Russell, who claimed to be the purchaser of the one half interest of George W.…
2Cases cited9 opinions
- Hyde v. StoneSupreme Court of the United States · 1858
- Green's Administratrix v. CreightonSupreme Court of the United States · 1860
- Peale v. PhippsSupreme Court of the United States · 1853
- Williams v. BenedictSupreme Court of the United States · 1850
- McMicken v. PerinSupreme Court of the United States · 1856
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3Cited by14 opinions
- Elston v. WilbornSupreme Court of Arkansas · 1945
- United States v. Westmoreland Manganese Corp.District Court, E.D. Arkansas · 1955
- Massey v. TyraSupreme Court of Arkansas · 1950
- Winn v. CollinsSupreme Court of Arkansas · 1944
- Troxler v. SpencerSupreme Court of Arkansas · 1954
9 more not listed; retrieve them via the Exa API.