Rushing v. Horner
Supreme Court of Arkansas
Appeal from G-arland Chancery Court; J. P. Henderson, Chancellor; 1. The sale of the homestead was void, because the court had no jurisdiction to order or approve the sale. 65 Ark. 355. The interest of the minors was too indefinite and uncertain for the court to determine its value, or what price it should bring.
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Appeal from G-arland Chancery Court; J. P. Henderson, Chancellor; 1. The sale of the homestead was void, because the court had no jurisdiction to order or approve the sale. 65 Ark. 355. The interest of the minors was too indefinite and uncertain for the court to determine its value, or what price it should bring. The estate was in debt; the widow was alive and had not abandoned her interest. 2. Mrs. Bushing’s testimony makes a clear case of unmistakable fraud. 1 Story Eq., ■§ 187; 34 Wis. 105; 89 Ark. 168; 47 Id. 445; 37 Id. 316; 51 Id. 335. Her testimony is corroborated by the records that…
1Opinion of the CourtHumphreys, J.
Appellants instituted suit in the G-arland Chancery Court against appellees to set aside an order of the probate court to sell lot 15, block 54, in the second subdivision of the Hot Springs Land & Improvement Company, in the city of Hot Springs, Arkansas; and to cancel all the proceedings appertaining thereto, and conveyances made thereunder for the alleged reasons:
First, because the probate court had no jurisdiction to order or approve the sale.
Second, because the sale was procured by fraud.
Third, because the transaction was an exchange of other property for the homestead.
An agreement was…
2Cases cited2 opinions
- Ex parte TiptonSupreme Court of Arkansas · 1916
- Gatlin v. LafonSupreme Court of Arkansas · 1910
3Cited by8 opinions
- Hart v. WimberlySupreme Court of Arkansas · 1927
- Deason & Keith v. RockSupreme Court of Arkansas · 1921
- McGuigan v. RixSupreme Court of Arkansas · 1919
- Collins v. HarrisSupreme Court of Arkansas · 1925
- Cunningham v. DellmonSupreme Court of Arkansas · 1922
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