Holloway v. Eagle
Supreme Court of Arkansas
Appeal from Lonoke Chancery Court; J. E. Martineau, Chancellor; 1. W. H. Eagle was a trustee and Joe P. Eagle should be treated as a trustee for plaintiffs.
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Appeal from Lonoke Chancery Court; J. E. Martineau, Chancellor; 1. W. H. Eagle was a trustee and Joe P. Eagle should be treated as a trustee for plaintiffs. An administrator can not buy at his own sale, directly or indirectly. 87 Ark. 142; 85 Id. 140; 95 Id. 434. Nor at an execution sale. 75 Id. 184. Nor at a commissioner’s sale, tax sale, or any other public or private sale without creating a trust. 102 Ark. 65; 55 Id. 85. There was no confirmation of the sale. 105 Id. 261; 23 Id. 41; 10 Oh. St. 557. Plaintiffs were not barred by limitation. Kirby’s Digest, § 5056-7, 5060 ; 55 Ark. 85; 87…
1Opinion of the CourtWood, J.
This is an action brought by the heirs of E. H. Holloway against Joe P. Eagle and the Union Trust Company, as executors of the last will of W. H. Eagle, deceased, and Joe P. Eagle. E. H. Holloway died August 8, 1893 or 1894; his heirs were A. J. Wade, John and C. Y. Holloway, Edna, Elvin and Shelby Miller, who were the children of Sarah Miller, deceased, Mary, Tom and Roy Mason, who were the children of Allie Mason, deceased, Mrs. M. E. Naylor and LeMay Holloway Lewis. Sarah Miller and Allie Mason were the daughters of E. H. Holloway..Action was first brought by C. Y. Holloway, who was…
2Cases cited8 opinions
- Gibson v. HerriottSupreme Court of Arkansas · 1891
- Leach v. SmithSupreme Court of Arkansas · 1917
- Stubbs v. PittsSupreme Court of Arkansas · 1907
- Bland v. FleemanSupreme Court of Arkansas · 1893
- Matthews v. SimmonsSupreme Court of Arkansas · 1887
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Johnson v. UmstedCourt of Appeals for the Eighth Circuit · 1933
- Ryan v. PlathWashington Supreme Court · 1943
- McWilliams v. Excelsior Coal Co.Court of Appeals for the Eighth Circuit · 1924
- Krow & Neumann v. BernardSupreme Court of Arkansas · 1922
- Woods v. WrightSupreme Court of Arkansas · 1973
7 more not listed; retrieve them via the Exa API.