Hall v. Brewer
Supreme Court of Arkansas
APPEAL from White Circuit Count in Chancery. Hon. S. W. Williams Special Judge. The Chancellor mistook the case in holding that it was simply an application to sell a deceased’s lands for payment of debts, and within. the exclusive jurisdiction of the Probate Court.
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APPEAL from White Circuit Count in Chancery. Hon. S. W. Williams Special Judge. The Chancellor mistook the case in holding that it was simply an application to sell a deceased’s lands for payment of debts, and within. the exclusive jurisdiction of the Probate Court. It waé an application to sell lands, but lands that had passed away from the executors into the hands of the devisees and their vendees, clothed with an equitable lien and trust for the payment of the plaintiff’s claim, and was peculiarly within the jurisdiction of equity. The right of a creditor to proceed in equity against an…
1Opinion of the CourtSmith, J.
The bill in this case alleged that in the year 1867, Jesse D. Hall, the ancestor of the plaintiffs, brought an action of ejectment against Bradford Brewer, the testator of some of the defendants, for a tract of land and mesne profits; that upon the filing of an equitable defense by Brewer, the cause was transferred to Chancery; that during the pendency of the suit, the original parties, plaintiff and defendant, had both died and the cause was revived in the names of Hall’s heirs against Brewer’s executors and devisees; and that a decree was finally rendered in favor of the plaintiffs for the…
2Cases cited5 opinions
- Ricard v. WilliamsSupreme Court of the United States · 1822
- Gore v. BrazierMassachusetts Supreme Judicial Court · 1807
- Griswold v. BigelowSupreme Court of Connecticut · 1826
- Nokes v. SmithSupreme Court of Pennsylvania · 1793
- Tate v. NortonSupreme Court of the United States · 1877
3Cited by16 opinions
- Ex parte KingSupreme Court of Arkansas · 1919
- Blanton v. First National BankSupreme Court of Arkansas · 1918
- Watson v. HendersonSupreme Court of Arkansas · 1911
- First National Bank v. ConnollyOregon Supreme Court · 1942
- In re MatthewsDistrict Court, W.D. Arkansas · 1901
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