Thomas v. Thomas
Supreme Court of Arkansas
Appeal from Clay Chancery Court, Western District; Chas. D. Frierson, Chancellor; 1. The court erred in dismissing the complaint. It alleged fraud and is sustained by proof. 63 Ark. 450; 77 Id. 351. . The case 181 S. W. 908, upon which the. chancellor relied is not decisive, as no sufficient fraud was alleged.
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Appeal from Clay Chancery Court, Western District; Chas. D. Frierson, Chancellor; 1. The court erred in dismissing the complaint. It alleged fraud and is sustained by proof. 63 Ark. 450; 77 Id. 351. . The case 181 S. W. 908, upon which the. chancellor relied is not decisive, as no sufficient fraud was alleged. The charges for board, clothing and doctor’s bill was not a just or legal claim. 63 Ark. 159; Id. 450. Gross frauds sufficient to wipe out the entire estate of the minor were shown. Cases supra. See also 24 Ark. 574. No previous order had been obtained from the probate court and the…
1Opinion of the CourtHumphreys, J.
Marion Thomas became the guardian of his son, the appellant, on the first day of April, 1905. W. D. Polk and H. H. Williams signed the guardian’s bond as sureties. Ivan Thomas, the appellant, was eleven years of age at the time, and his entire estate consisted of an undivided interest in the S. W. ^ of the N. W. Sec. 10, Twp. 21, R. 4, E. in Clay county, Arkansas. On application of the guardian the land was sold on November 27, 1905, on three months’ credit. The portion of purchase money due appellant amounted to $203.35. On the 14th day of February, 1906, the guardian filed his first and…
2Cases cited3 opinions
- Parker v. WilsonSupreme Court of Arkansas · 1911
- Campbell v. ClarkSupreme Court of Arkansas · 1897
- Nelson v. CowlingSupreme Court of Arkansas · 1906
3Cited by2 opinions
- Diffie v. AndersonSupreme Court of Arkansas · 1919
- Eason v. HighleySupreme Court of Arkansas · 1930