Dyer v. Jacoway
Supreme Court of Arkansas
APPEAL from Yell Circuit-Court in Chancery. E. E. BryaNT, Special Judge. 1. That a person cannot go into equity to correct mere-errors in the settlement of administrators has always been the settled doctrine of this court.
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APPEAL from Yell Circuit-Court in Chancery. E. E. BryaNT, Special Judge. 1. That a person cannot go into equity to correct mere-errors in the settlement of administrators has always been the settled doctrine of this court. The remedy is by appeal. 8 Ark, 268; 20 Id., 527; 33 Id., 575; -34 Id., 64, 117; 36-Id.. 383; 39 Id., 256 ; 40 Id., 393; 43 Id., 171; 45 Id., 505. There must be fraud. 42 Id., 189. The burden of showing fraud is on plaintiffs. 23 Id., 444; 33 Id., 727; 11 Id., 378; 6 Id., 308; 9 Id., 482; 18 Id., 124; 20 Id.,, 217 ; 22 Id., 184; 33 Id., 259 ; 37 Id., 146 ; 45 Id., 492.…
1Opinion of the CourtBattue, J.
Appellees, “ creditors of the estate of Samuel Dickens, deceased, on behalf of themselves, and other creditors of said estate, filed their bill in 1878, against the administrator, Jacoway, his sureties on his bond, and Mrs. Elizabeth D. Jacoway. The object of the bill was to set aside for fraud the settlements made by Jacoway in the probate court, to restate the accounts, to hold the sureties liable, and to subject to any decree to be rendered, certain real estate to which Mrs. Jacoway had legal title. A demurrer to the bill for want of equity was sustained, whereupon complainants rested. The…
2Cited by11 opinions
- Jacoway v. HallSupreme Court of Arkansas · 1900
- Hall v. ColeSupreme Court of Arkansas · 1903
- Alcorn v. AlcornSupreme Court of Arkansas · 1931
- State ex rel. Welch v. MorrisonSupreme Court of Missouri · 1912
- James v. EcholsSupreme Court of Arkansas · 1931
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