Collins v. Paepcke-Leicht Lumber Co.
Supreme Court of Arkansas
Appeal from Chicot Chancery Court. STATEMENT BY THE COURT. H. H. Collins died childless in 1862, the owner of the lands in controversy, leaving his widow, Elizabeth B. Collins, and seven brothers, to whom, by his last will, and testament, he devised all his property, one-half to his wife, Elizabeth B., for life, and the remainder to his brothers, or those of them who should be “true to -the South in her (then) present struggle.”
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Appeal from Chicot Chancery Court. STATEMENT BY THE COURT. H. H. Collins died childless in 1862, the owner of the lands in controversy, leaving his widow, Elizabeth B. Collins, and seven brothers, to whom, by his last will, and testament, he devised all his property, one-half to his wife, Elizabeth B., for life, and the remainder to his brothers, or those of them who should be “true to -the South in her (then) present struggle.” The will further provided that in the event “that as much as two-thirds of my property be taken by the Federáis, or destroyed during the war, then my wife is to take…
1Opinion of the Court
McCueeoch, J.-,
(after stating the facts.) The jurisdiction of the chancery court to hear and determine this cause has not been challenged by appellee, either here or in the court below. The defendant being in possession of the lands holding adversely to the plaintiffs, as shown by the complaint, and no ground for equitable relief being alleged, it is clear that the suit should have been commenced in the law court, or, after having been commenced in the court of equity, should have been transferred to the proper court; but, as appellee made no motion to transfer, and submitted to trial of the…
2Cases cited24 opinions
- Organ v. Memphis & Little Rock RailroadSupreme Court of Arkansas · 1888
- Guynn v. McCauleySupreme Court of Arkansas · 1877
- Ogden v. OgdenSupreme Court of Arkansas · 1894
- Apel v. KelseySupreme Court of Arkansas · 1889
- Kessinger v. WilsonSupreme Court of Arkansas · 1890
19 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Rowe v. AllisonSupreme Court of Arkansas · 1908
- Stolz v. FranklinSupreme Court of Arkansas · 1975
- Hart v. WimberlySupreme Court of Arkansas · 1927
- Cowling v. NulsonSupreme Court of Arkansas · 1905
- Beckett v. WhittingtonSupreme Court of Arkansas · 1909
23 more not listed; retrieve them via the Exa API.