Floyd v. Newton
Supreme Court of Arkansas
Appeal from Union Chancery Court; James M. Barker Chancellor; STATEMENT BY THE COURT. This suit was originally brought by Raymond Hudson against his mother, Mrs. S. E. Newton, and the sureties on her bond, to surcharge and falsify her settlements as the administratrix of the estate of her husband, John B. Hudson, deceased, father of Raymond Hudson.
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Appeal from Union Chancery Court; James M. Barker Chancellor; STATEMENT BY THE COURT. This suit was originally brought by Raymond Hudson against his mother, Mrs. S. E. Newton, and the sureties on her bond, to surcharge and falsify her settlements as the administratrix of the estate of her husband, John B. Hudson, deceased, father of Raymond Hudson. On March 3, 1909, the death of Raymond Hudson was suggested to the court, whereupon R. L. Floyd was appointed administrator ad litem, and at the same time the death of Col. H. P. Smead was suggested, whereupon Mrs. Anna F. Smead and Mrs. Sula H.…
1Opinion of the Court
Kirby, J.,
(after stating the facts). The complaint to impeach the settlement charged fraud, accident or mistake in such vague, indefinite and general terms, without specifying in what it consisted, that no cause of action was stated. Mock v. Pleasants, 34 Ark. 63; Riley v. Norman, 39 Ark. 158; McLeod v. Griffis, 51 Ark. I.
Having been answered, however, and proofs introduced, we will examine the contention made -here to ascertain whether there was such proof as would sustain spcific charges amounting to a cause of action.
Appellant insists that the settlement is impeached because •the…
2Cases cited5 opinions
- Jones v. GrahamSupreme Court of Arkansas · 1880
- Scott v. PennSupreme Court of Arkansas · 1900
- Dyer v. JacowaySupreme Court of Arkansas · 1883
- Mock v. PleasantsSupreme Court of Arkansas · 1879
- Riley v. NormanSupreme Court of Arkansas · 1882
3Cited by1 opinion
- Bell v. AltheimerSupreme Court of Arkansas · 1911