Lafferty v. Lafferty
Supreme Court of Arkansas
Appeal from the Independence Circuit Court. Lorenzo D. Lafferty filed for allowance and classification, in tbe Probate Court of Independence county, in July, 1845, the following claims against Malinda Lafferty, as administratrix of Austin R. Lafferty, deceased: “ One day after date I promise to pay W. S. Hynson, or order, forty-one dollars and fifty cents, for value received, with interest at the rate of ten per cent, per annum till paid.
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Appeal from the Independence Circuit Court. Lorenzo D. Lafferty filed for allowance and classification, in tbe Probate Court of Independence county, in July, 1845, the following claims against Malinda Lafferty, as administratrix of Austin R. Lafferty, deceased: “ One day after date I promise to pay W. S. Hynson, or order, forty-one dollars and fifty cents, for value received, with interest at the rate of ten per cent, per annum till paid. January 1, 1842. AUSTIN R. LAFFERTY, [Seal.] I assign the within note to L. D. Lajfey. W. S. HYNSON.” To which was appended the usual probate affidavit,…
1Opinion of the CourtChief Justice Johnson
The record in this case presents but two points for our adjudication. The first relates to the correctness of the decision of the Circuit Court in admitting the parol evidence to show the identity of the claimant; and the second, to that of receiving the affidavit when it appeared to have been administered by the clerk of the Izard Circuit Court.
It is contended, on the part of the administratrix, that, in the absence of any express averment, the Court had no right to receive parol evidence going to show that the instruments produced as evidence of the indebtedness, though ostensibly assigned…
2Cited by1 opinion
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