Pope's heirs v. Boyd's adx.
Supreme Court of Arkansas
Appeal from Jefferson Circuit Court in Chancery. Hon. Theodoric F. Sorrells Circuit Judge. Did complainants lose their rights under the Deed of Trust, and all interest, in the trust properly, because they did not “probate a claim ” against the estate of Richard C. Byrd, within two years from the date of administration upon his estate? We think not, most clearly.
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Appeal from Jefferson Circuit Court in Chancery. Hon. Theodoric F. Sorrells Circuit Judge. Did complainants lose their rights under the Deed of Trust, and all interest, in the trust properly, because they did not “probate a claim ” against the estate of Richard C. Byrd, within two years from the date of administration upon his estate? We think not, most clearly. It is true, that it has been well settled by the various decisions of this court, upon that subject, that a claim prosecuted against an estate, must be presented to the administrator, duly authenticated, within two years from the date…
1Opinion of the CourtJustice Compton
On the first day of March, 1852, Richard C. Byrd, who was then indebted to the legal representatives of John Pope, deceased, and others, executed a deed of trust, to secure the payment of said indebtedness, by which he conveyed to Frederick W. Trapnall, as trustee, certain lands, and the following negro slaves; Clarissa, Scott, John, Narcissa and Matilda, together with sundry articles of personalty, other than slaves. Under the provisions of the-deed, Byrd was to make payment within five years by fixed instalments, payable annually; and in default of payment, he was to surrender possession of…
2Cases cited2 opinions
- Walker v. ByersSupreme Court of Arkansas · 1853
- Pettit v. JohnsonSupreme Court of Arkansas · 1854
3Cited by3 opinions
- Mueller v. LightSupreme Court of Arkansas · 1909
- Farrell v. United StatesDistrict Court, E.D. Arkansas · 1909
- Mueller v. LightSupreme Court of Arkansas · 1909