Frazier v. Frazier
Supreme Court of Arkansas
Appeal from Arkansas Chancery Court, Northern District; Jno. M. Elliott, Chancellor; 1. The report of commissioners is insufficient to justify the chancellor in ordering sale. 49 Ark. 104; 77 Id. 317; 55 Id. 205; 81 Id. 462. 2. The commissioners were not proper persons; residents of the county. Kirby’s Digest § § 5778-9; Kirby & Castle’s Dig. § § 7219, 7220; 90 Ark. 502-3; 49 Id. 109. 3. The price was inadequate. 58 Ark. 401; 117 U. 5. 180; 58 Ark.
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Appeal from Arkansas Chancery Court, Northern District; Jno. M. Elliott, Chancellor; 1. The report of commissioners is insufficient to justify the chancellor in ordering sale. 49 Ark. 104; 77 Id. 317; 55 Id. 205; 81 Id. 462. 2. The commissioners were not proper persons; residents of the county. Kirby’s Digest § § 5778-9; Kirby & Castle’s Dig. § § 7219, 7220; 90 Ark. 502-3; 49 Id. 109. 3. The price was inadequate. 58 Ark. 401; 117 U. 5. 180; 58 Ark. Law Rep. 407. 4. It was error to overrule the motion to consolidate. When a purchaser takes title to his child it is presinned to be an…
1Opinion of the Court
HART, J.,
(after stating the facts). The principal issue raised by the appeal is as to whether or not the court erred in refusing to set aside the order confirming the sale of the lands to Silas Frazier. The Legislature of 1913 passed an Act to regulate the practice in chancery courts. Acts of 1913, p. 318. The first section provides, in effect, that the chancellor may deliver opinions and sign decrees in vacation in causes taken under advisement by him at a term of the court; and, by consent of parties, or of their solicitors of record, he may try causes and deliver opinions and make and sign…
2Cases cited5 opinions
- Rankin v. SchofieldSupreme Court of Arkansas · 1902
- Howell v. . MillsNew York Court of Appeals · 1873
- McCloy & Trotter v. ArnettSupreme Court of Arkansas · 1886
- Valley Oil Co. v. ReadySupreme Court of Arkansas · 1917
- Claxton v. ClaxtonMichigan Supreme Court · 1885
3Cited by7 opinions
- Lalakea v. Laupahoehoe Sugar Co.Hawaii Supreme Court · 1939
- Kuykendall v. ZacharySupreme Court of Arkansas · 1929
- Swindle v. RogersSupreme Court of Arkansas · 1934
- Webster v. HortonSupreme Court of Arkansas · 1934
- Morgan v. StocksSupreme Court of Arkansas · 1938
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