Legal Opinion

Hall v. Cox

Supreme Court of Arkansas

Decided June 24, 1912PublishedCited by 10 opinions

Appeal from Sharp Chancery Court, Northern District; George T. Humphries, Chancellor; STATEMENT BY THE COURT. This is a suit by the appellants as collateral heirs of 5. Alice Cox against appellee to falsify and set aside certain settlements of the latter as administrator of the estate of S. Alice Cox, deceased.

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Appeal from Sharp Chancery Court, Northern District; George T. Humphries, Chancellor; STATEMENT BY THE COURT. This is a suit by the appellants as collateral heirs of 5. Alice Cox against appellee to falsify and set aside certain settlements of the latter as administrator of the estate of S. Alice Cox, deceased. It is alleged, among other things, that in 1904 the appellee, defendant below, “fraudulently caused to be allowed against the estate of S. Alice Cox, deceased, in his favor, a demand in the sum of $264, comprising the following items: ■Feb. 10,1903 — To funeral…

1Opinion of the Court

Wood, J.,

(after stating the facts). 1. The appellants contend that the allowance of $264 for funeral expenses, monument, etc., was not a proper charge on the estate of S. Alice Cox, deceased, and that the court erred in not setting aside such allowance. Conceding, without deciding, that this claim was not a proper charge against the estate, under the evidence there was no fraud practiced upon the court in the procurement of the judgment. The fraud, if any, consisted in the original cause of action only. It consisted in the appellee's presenting a claim for amounts which were false amounts,…

2Cases cited8 opinions

  1. Bank of Pine Bluff v. LeviSupreme Court of Arkansas · 1909
  2. Milner v. FreemanSupreme Court of Arkansas · 1882
  3. Tillar v. HenrySupreme Court of Arkansas · 1905
  4. Johnson v. RichardsonSupreme Court of Arkansas · 1884
  5. Reinhardt v. GartrellSupreme Court of Arkansas · 1878

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3Cited by10 opinions

  1. Ramsey v. RamseySupreme Court of Arkansas · 1975
  2. Gulley v. BuddSupreme Court of Arkansas · 1945
  3. Dunn v. BradleySupreme Court of Arkansas · 1927
  4. Murchison v. MurchisonSupreme Court of Arkansas · 1923
  5. Jones v. JonesSupreme Court of Arkansas · 1915

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