Turley v. Gorman
Supreme Court of Arkansas
Appeal from .St. Francis Chancery Court; Edward D. Robertson, Chancellor; 1. The court erred in sustaining the demurrer. The case in 125 Ark. 141 is not conclusive here. The allegations of the complaint show a good cause of action. Turley was the administrator and the lot was assets in his hands for the payment of debts, and entitled to a lien for all expenses, taxes, etc. He was entitled to the rents, etc.
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Appeal from .St. Francis Chancery Court; Edward D. Robertson, Chancellor; 1. The court erred in sustaining the demurrer. The case in 125 Ark. 141 is not conclusive here. The allegations of the complaint show a good cause of action. Turley was the administrator and the lot was assets in his hands for the payment of debts, and entitled to a lien for all expenses, taxes, etc. He was entitled to the rents, etc. Kirby’s Dig., § § 79, 186; 46 Ark. 373; 8 Id. 9. 2. The appellants were not volunteers but were entitled to subrogation. 37 Cyc. 440. . All the items claimed were liens on the property and…
1Opinion of the CourtMcCULLOCH, C. J.
The chancery court of St. Francis County sustained a demurrer to the complaint of appellants, from which appears the following statement of facts:
J. E. Stone, now deceased, owned a house and lot in Forrest City, which he 'devised to his sister and her two daughters. The will was probated, -and one of the del visees was made executrix. The devisees conveyed the property mentioned above to the appellee, W. P. Gorman, and the latter, as part of the consideration for the conveyance, agreed to pay all the probated 'claims against the estate of said decedent, and the expenses of administration.…
2Cases cited3 opinions
- Collins v. Paepcke-Leicht Lumber Co.Supreme Court of Arkansas · 1905
- Stewart v. SmileySupreme Court of Arkansas · 1885
- Burton v. GormanSupreme Court of Arkansas · 1916
3Cited by4 opinions
- Stewart v. TuckerSupreme Court of Arkansas · 1945
- Sewell v. ReedSupreme Court of Arkansas · 1934
- Tucker v. StewartSupreme Court of Arkansas · 1946
- Stewart v. TuckerSupreme Court of Arkansas · 1945