Legal Opinion

Clopton v. Booker

Supreme Court of Arkansas

Decided December 15, 1872PublishedCited by 11 opinions

APPEAL ER0M PHILLIPS CIRCUIT COURT. Hon. M. L. Stephenson, Circuit Judge. If it be true, as was charged, that the executor had used the means of the estate to purchase these lands, and had taken the title in her own name, there is no doubt that a triist would result in appellant’s favor. Wallace vs. Duffield, 2 S. Sf B., 521; Buck vs. Ulrich, 16 Penn.

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APPEAL ER0M PHILLIPS CIRCUIT COURT. Hon. M. L. Stephenson, Circuit Judge. If it be true, as was charged, that the executor had used the means of the estate to purchase these lands, and had taken the title in her own name, there is no doubt that a triist would result in appellant’s favor. Wallace vs. Duffield, 2 S. Sf B., 521; Buck vs. Ulrich, 16 Penn. S. B., 499-, Claussen vs. LeFranz, 1 Clarke, 226; McCrory vs. Foster, 1 Clarke {Iowa) 271; Harper vs. Archer, 28 Miss., 212; Schaffner vs. Gh'utzmacher, 6 Clarke, 487; Seaman vs. Cook, 14 111., 501; Garrett vs. Garrett,! Strobh. Hq.,96; Williams…

1Opinion of the CourtGregg, J.

The appellant filed his bill in Chancery, in the Phillips Circuit Court. ■ He alleged that in 1846 James G-. Booker died in the State of Tennessee, seized and possessed of a large estate there and in Mississippi; that he left the*appellee, Eleanor M. Booker, his widow and executrix; that she took posession of his estate, and received large sums descended to him and his heirs from his father’s estate; that she has kept and controlled the whole amount over twenty-four years, up to this time; that she has received large incomes from crops, from the labor of hands, from the sale of some valuable…

2Cases cited1 opinion

  1. Selectmen of Boston v. BoylstonMassachusetts Supreme Judicial Court · 1807

3Cited by11 opinions

  1. Beauchamp v. BertigSupreme Court of Arkansas · 1909
  2. Sharp v. SharpSupreme Court of Oklahoma · 1916
  3. Bevans v. MurrayIllinois Supreme Court · 1911
  4. Gurley v. LindsleyCourt of Appeals for the Fifth Circuit · 1972
  5. Hetman v. SchwadeSupreme Court of Arkansas · 2009

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