McCracken v. McBee
Supreme Court of Arkansas
Appeal from Marion Chancery Court; T. Haden Humphreys, Chancellor; STATEMENT BY THE COURT. In 1897 W. C. McBee died testate. He left a widow, appellant, and one child iby her named Lucy, and six children by a former wife. Appellee, Victor B. R. McBee, was one of the children, and at the time of his father’s death was 12 years of age.
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Appeal from Marion Chancery Court; T. Haden Humphreys, Chancellor; STATEMENT BY THE COURT. In 1897 W. C. McBee died testate. He left a widow, appellant, and one child iby her named Lucy, and six children by a former wife. Appellee, Victor B. R. McBee, was one of the children, and at the time of his father’s death was 12 years of age. By the will appellant was given what was designated as the “home place,” containing about 476 acres, and she was enjoined by the testator to give his minor children, including appellee, “a home,” and to “see after them in -sickness, to 'oversee their educational…
1Opinion of the CourtWood, J.
i. Cancellation of instruments is one of the well-recognized grounds of equity jurisdiction. It operates indirectly to establish or protect primary rights. It is often granted as ancillary and “preliminary to the final relief by which a party’s primary right, estate or interest is established and enforced.” It is a remedy which belongs exclusively to the equity jurisdiction, and is exercised in order to remove the obstacle which stands in the way of the enjoyment of one’s right, interest or estate. “The occasions giving rise to the jurisdiction are mistake, fraud and other instances where…
2Cases cited8 opinions
- McGuigan v. GainesSupreme Court of Arkansas · 1903
- Goerke v. RodgersSupreme Court of Arkansas · 1905
- Hankins v. LayneSupreme Court of Arkansas · 1886
- McDonald v. ShawSupreme Court of Arkansas · 1909
- Dyer v. JacowaySupreme Court of Arkansas · 1883
3 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Hilburn v. First State Bank of SpringdaleSupreme Court of Arkansas · 1976
- First Methodist Episcopal Church v. HullSupreme Court of Iowa · 1938
- Myers v. HobbsSupreme Court of Arkansas · 1938
- McLain v. BrewingtonSupreme Court of Arkansas · 1919
- Phillips v. PhillipsSupreme Court of Arkansas · 1920
9 more not listed; retrieve them via the Exa API.