Wright v. Campbell & Strong
Supreme Court of Arkansas
APPEAL "FROM JEFFERSON CJIIOC.T.L’ COURT. Hon. IIenry P>. Horse, Circuit Jud.r¡c.. We submit the demurrer was well taken. The hill shows on its face that there are other creditors beside the complainants, and the rule, in equity, is that all persons interested should he made parties: Story Eq. PI.
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APPEAL "FROM JEFFERSON CJIIOC.T.L’ COURT. Hon. IIenry P>. Horse, Circuit Jud.r¡c.. We submit the demurrer was well taken. The hill shows on its face that there are other creditors beside the complainants, and the rule, in equity, is that all persons interested should he made parties: Story Eq. PI. (Redfield’s Ed.) 76 cl seq.; Note 2 top page 77. Where the parties are not known it must be so charged in the bill: 'lb., 99. The fourth cause of demurrer is fatal, and not amendable. The complainants in their bill, by their own showing, have not exhausted their remedy and proceeding at law, 'which…
1Opinion of the CourtBennett, J.
On the 12th day of October, 1869, Campbell & Strong filed their bill of complaint in the Jefferson County Circuit Court to cancel a deed made by Elizabeth W. Wright to Carland IT. Dorris, in trust for the benefit of her minor child, James W. Wright. The deed conveyed lands, and charged, in the complaint, to have been voluntary, and the consideration was love and affection merely. Campbell & Strong are creditors of Elizabeth W. Wright, who died in the year 1865. Their claim has been duly presented to the defendant, Hartwell T. Wright, as administrator of Elizabeth W. Wright, deceased, and the…
2Cases cited4 opinions
- Sexton v. WheatonSupreme Court of the United States · 1823
- Salmon v. BennettSupreme Court of Connecticut · 1816
- Van Wyck v. SewardNew York Court of Chancery · 1836
- Bennett v. President of the Bedford BankMassachusetts Supreme Judicial Court · 1814
3Cited by3 opinions
- Froneberger v. . LewisSupreme Court of North Carolina · 1878
- Hoshall v. BrownSupreme Court of Arkansas · 1912
- Shofner, Administrator v. JonesSupreme Court of Arkansas · 1940