Fred v. Asbury
Supreme Court of Arkansas
Appeal from Greene Chancery Court; Charles D. Frierson Chancellor; STATEMENT BY THE COURT. On March 9, 1911, Chas. E. Asbury and Inza Y. Asbury, his wife, instituted this action in the chancery court against Anson E. Randol, administrator of the estate of Jacob Fred, deceased, and the brothers and sisters of Jacob Fred, whose names are, George W. Fred, John W. Fred, Elizabeth Pickering and Becky Arm Apple.
Read the full summary
Appeal from Greene Chancery Court; Charles D. Frierson Chancellor; STATEMENT BY THE COURT. On March 9, 1911, Chas. E. Asbury and Inza Y. Asbury, his wife, instituted this action in the chancery court against Anson E. Randol, administrator of the estate of Jacob Fred, deceased, and the brothers and sisters of Jacob Fred, whose names are, George W. Fred, John W. Fred, Elizabeth Pickering and Becky Arm Apple. The plaintiffs in their complaint alleged that in October, 1905, in the State of Indiana, Jacob Fred contracted and agreed with them that if they would move with him from their old home in…
1Opinion of the Court
Hart, J.,
(after stating the facts). The statute of non-claim is urged as a bar to the relief sought. This statute provides that all claims against estates of deceased persons shall be barred unless they are properly authenticated and presented to the executor or administrator within one year after the grant of letters; but this is not a proceeding to enforce a claim or demand against the estate of Jacob Fred, deceased, but is one to determine the rights of the parties to this suit to the property in question. The statute of nonclaim does not refer to claims of title or for the recovery of…
2Cases cited1 opinion
- Hinkle v. HinkleSupreme Court of Arkansas · 1892
3Cited by25 opinions
- Johnson v. UmstedCourt of Appeals for the Eighth Circuit · 1933
- O'CONNOR v. ImmeleNorth Dakota Supreme Court · 1950
- Alma v. Steele, Individually and as of the Estate of Charles F. Steele, Deceased v. Lelia M. McCargoCourt of Appeals for the Eighth Circuit · 1958
- Velikanje v. DickmanWashington Supreme Court · 1917
- Walker v. CallowayCalifornia Court of Appeal · 1950
20 more not listed; retrieve them via the Exa API.