Legal Opinion

Hilliard v. Hilliard

Supreme Court of Arkansas

Decided November 15, 1887PublishedCited by 6 opinions

APPEALS from Chicot Circuit Court. Jno. M. Bradley, Judge. STATEMENT. The appellant filed a petition in the probate court of Chicot county for an assignment of dower, and while it was pending, the defendants thereto also made application to the same court to grant her request,.and upon their prayer a judgment for such assignment was entered and commissioners to make the same were appointed.

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APPEALS from Chicot Circuit Court. Jno. M. Bradley, Judge. STATEMENT. The appellant filed a petition in the probate court of Chicot county for an assignment of dower, and while it was pending, the defendants thereto also made application to the same court to grant her request,.and upon their prayer a judgment for such assignment was entered and commissioners to make the same were appointed. The appellaut applied to the circuit court to quash the judgment of the probate court on certiorari for want of jurisdiction, but her application was refused. She also filed a bill in chancery against the…

1Opinion of the Court

OPINION.

Cockrill, C. J.

The probate courts in this State exercised a limited jurisdiction in the allotment of dower from the passage of the act of February 28th, 1838, until those tribunals were abolished in 1873. Hill v. Mitchell 5 Ark. 608; Menefee's admr. v Menefee, 8 Id. 9; Jones v. Jones, 28 Id. 19; Acts of April 16th and 17th,1873. By the act of April 16th; 1873, all the power and jurisdiction of whatever nature previously exercised, by the probate courts were conferred exclusively upon the circuit courts; and by the’ act of the 17th of April of the same year the office of probate judge…

2Cases cited4 opinions

  1. Reinhardt v. GartrellSupreme Court of Arkansas · 1878
  2. Baker v. StateSupreme Court of Arkansas · 1884
  3. Hill's Administrators v. MitchellSupreme Court of Arkansas · 1844
  4. Turner v. RogersSupreme Court of Arkansas · 1886

3Cited by6 opinions

  1. Burdett v. BurdettSupreme Court of Oklahoma · 1910
  2. Carter v. YoungerSupreme Court of Arkansas · 1914
  3. Johnson v. JohnsonSupreme Court of Arkansas · 1907
  4. Powell v. CrittendenSupreme Court of Oklahoma · 1916
  5. Burrus v. ButtSupreme Court of Arkansas · 1915

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