Legal Opinion

Moss v. Ashbrooks

Supreme Court of Arkansas

Decided July 15, 1851PublishedCited by 4 opinions

Appeal from the Chancery side of Pike Circuit Court„ Bill in chancery, filed by John M. Moss, against Moses Ash-brooks, William Ashbrooks, William Boone, and wife, Angeline, determined in the Pike Circuit Court, in March, 1850, before the Hon. John Quilltn, chancellor! The bill alleged that Samuel Irwin, who died in Washington county, Mo., by his last bill bequeathed to the children of said Moses Ashbrooks: Samuel, Angeline, William and Mary Jane, three slaves, Caroline and…

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Appeal from the Chancery side of Pike Circuit Court„ Bill in chancery, filed by John M. Moss, against Moses Ash-brooks, William Ashbrooks, William Boone, and wife, Angeline, determined in the Pike Circuit Court, in March, 1850, before the Hon. John Quilltn, chancellor! The bill alleged that Samuel Irwin, who died in Washington county, Mo., by his last bill bequeathed to the children of said Moses Ashbrooks: Samuel, Angeline, William and Mary Jane, three slaves, Caroline and her two youngest children, which will was duly probated, &c., and is exhibited. That defendants are the same persons…

1Opinion of the CourtChief Justice Johnson

To this bill the defendants interposed their plea in which they alleged that the complainant had previously exhibited his bill in the same court against them for the same matters and causes and to the same effect, and for the like relief as that which is now demanded and set forth, that to the former bill they interposed their demurrer, which was sustained by the court, and they dismissed and discharged, and that the complainant at the same term of the court prayed an appeal which was then and there granted. They then averred that by means of the judgment and order granting the appeal, the…

2Cited by4 opinions

  1. Brown v. BecknerCourt of Appeals of Georgia · 1937
  2. Keyes v. MooneyOregon Supreme Court · 1886
  3. Norton v. NortonSupreme Court of Alabama · 1972
  4. East Coast Lumber Co. v. Ellis-Young Co.Supreme Court of Florida · 1908

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