Abbott v. Johnston
Supreme Court of Arkansas
Appeal from Sebastian Chancery Court, Fort Smith District; Wm. A. Falconer, Chancellor; 1. The action is barred by both the statutes of non-claim and limitations. The claim was never probated and hence barred by non-claim.
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Appeal from Sebastian Chancery Court, Fort Smith District; Wm. A. Falconer, Chancellor; 1. The action is barred by both the statutes of non-claim and limitations. The claim was never probated and hence barred by non-claim. Kirby’s Digest, § 110, as amended by Act May 28,1907; 9 Ark. 411; 14 Id. 246; 18 Id. 334; 23 Id. 604; 39 Id. 577; 97 Id. 492; 99 Id. 523; 112 Id. 6; 92 Id. 522; 94 Id. 60; 65 Id. 1. An administrator has no right to pay a debt not duly probated. 65 Ark. 1; 14 Id. 246. 2. There was no valid agreement between appel-lee, administrator, and Johnston to extend the payment of the…
1Opinion of the CourtMcCULLOCH, C. J.
Appellee, W. J. Johnston, instituted this action in the chancery court of Sebastian County, Port Smith District, against the administrator and heirs of W. R. Abbott, deceased, to foreclose a vendor’s lien on a certain tract or lot of real estate in the city of Port Smith, which appellee conveyed to said decedent on February 28, 1907. The action was instituted as aforesaid on December 14, 1915, and the only defense offered is a plea of the statute of non-claims and of the five-years statute of limitations. The note in suit was for the sum of $1,000.00, executed by the decedent, W. R. Abbott,…
2Cases cited5 opinions
- Rhodes v. CannonSupreme Court of Arkansas · 1914
- Waddell v. CarlockSupreme Court of Arkansas · 1883
- Cox v. PhelpsSupreme Court of Arkansas · 1897
- Linthicum v. TapscottSupreme Court of Arkansas · 1873
- Allen v. SmithSupreme Court of Arkansas · 1874
3Cited by8 opinions
- In Re Estate of SmithSupreme Court of Iowa · 1949
- Beckworth v. DiamanteCourt of Appeals of Arkansas · 2010
- Trent v. JohnsonSupreme Court of Arkansas · 1932
- Miller v. EverettSupreme Court of Arkansas · 1972
- C & R Construction Co., Inc. v. David SmithCourt of Appeals of Arkansas · 2020
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