Arkansas Valley Trust Co. v. Young
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court, Fort Smith: District; Paul Little, Judge; 1. Probate courts are not courts of equity—they have no chancery jurisdiction to enforce the specific performance of contracts. Any authority to justify the order here must be found under Kirby’s Digest, § 213, Acts 1859, No. 181. This is a special power and must be exercised as such.
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Appeal from Sebastian Circuit Court, Fort Smith: District; Paul Little, Judge; 1. Probate courts are not courts of equity—they have no chancery jurisdiction to enforce the specific performance of contracts. Any authority to justify the order here must be found under Kirby’s Digest, § 213, Acts 1859, No. 181. This is a special power and must be exercised as such. Courts of chancery do, under certain circumstances, decree specific performance of oral contracts for the conveyance of real property. This is an equitable remedy and is exercised only by courts of chancery, and by them with caution.…
1Opinion of the Court
Wood, J.,
(after stating the facts). I. As authority for the probate court to make the order under review, appellees invoke section 213 of Kirby’s Digest, which is as follows: “When any testator or intestate shall have entered into any contract for the conveyance of lands and tenements in his lifetime which was not executed and performed during his life, and shall not have given power by will to carry same into execution, it sba.ll be lawful for the executor or administrator of such testator or intestate, with the approval of the court, in term ■time, to execute a deed of conveyance of and for…
2Cases cited15 opinions
- Wynn v. GarlandSupreme Court of Arkansas · 1857
- Weight v. JonesIndiana Supreme Court · 1886
- Mousseau v. MousseauSupreme Court of Minnesota · 1889
- Oliver v. RouthSupreme Court of Arkansas · 1916
- Estate of Garnier v. SarrailleCalifornia Supreme Court · 1905
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3Cited by7 opinions
- Hilburn v. First State Bank of SpringdaleSupreme Court of Arkansas · 1976
- Cook v. BevillSupreme Court of Arkansas · 1969
- Caldarera v. McCarroll, Commr. of Rev.Supreme Court of Arkansas · 1939
- Blanton v. Forrest City Manufacturing Co.Supreme Court of Arkansas · 1919
- McDermott v. McAdamsCourt of Appeals of Arkansas · 1980
2 more not listed; retrieve them via the Exa API.