Reeve v. Jackson
Supreme Court of Arkansas
APPEAL from Pulaski Chancery Court. Hon. David W. Carroll, Chancellor, The appellee in this suit seeks to litigate over again the very same issues decided in the ejectment suit. The cause' is res judicata. The sale in solido was for the best interests of the estate; it was regular, legal and fair, and no fraud or undue advantage is shown.
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APPEAL from Pulaski Chancery Court. Hon. David W. Carroll, Chancellor, The appellee in this suit seeks to litigate over again the very same issues decided in the ejectment suit. The cause' is res judicata. The sale in solido was for the best interests of the estate; it was regular, legal and fair, and no fraud or undue advantage is shown. Fraud must be specifically alleged and proved. 31¡, Ark., 71; 44 ib., Adams £ Thomas; 41 ib-, 378. Unless fraud is shown in the probate proceedings, the de•cree should be reversed. 39 Ark., 256; 4% ib-, 136; Adams v. Thomas. 44 ib.; Greely JB. Gro. Co. v.…
1Opinion of the CourtSmith, J.
This .bill was filed to enjoin the execution of ■a judgment rendered by the Pulaski circuit court, in an ■action between the same parties, and afterwards affirmed by this court. See Jackson v. Reeve, 44 Ark., 496. A general demurrer to the bill was overruled, and upon the hearing the decree was for the plaintiff.
1. Pleading and Practice: Equitable de renses where made. The demurrer should have been sustained. Section 1¡,932 of Mansfield’s Digest provides that “a judgment obtained in an action by proceedings at law shall not be annulled or modified by ariy order in any action by equitable…
2Cases cited4 opinions
- The Erie Railway Company v. . RamseyNew York Court of Appeals · 1871
- Dobson v. . PearceNew York Court of Appeals · 1854
- Winfield v. BaconNew York Supreme Court · 1857
- McCown v. Macklin'sCourt of Appeals of Kentucky · 1870
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- Daniel v. GarnerSupreme Court of Arkansas · 1903
- Church v. GallicSupreme Court of Arkansas · 1905
- Automatic Weighing Co. v. CarterSupreme Court of Arkansas · 1910
- Arkansas Power Light Company v. Liebe, Admx.Supreme Court of Arkansas · 1940
- Gorman v. BonnerSupreme Court of Arkansas · 1906
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