Gordon v. Clark
Supreme Court of Arkansas
Appeal from Sebastian Chancery Court, Greenwood District; J. V. Bourlcmcl, Chancellor; STATEMENT OE FACTS. Appellant brought this suit in equity against appel-lees, and the prayer of her complaint- is that the title to a one-half interest in the property described in the complaint be divested out of appellees and vested in her.
Read the full summary
Appeal from Sebastian Chancery Court, Greenwood District; J. V. Bourlcmcl, Chancellor; STATEMENT OE FACTS. Appellant brought this suit in equity against appel-lees, and the prayer of her complaint- is that the title to a one-half interest in the property described in the complaint be divested out of appellees and vested in her. The complaint alleges that on the 11th day of December, 1918, A. T. McMillan departed this life intestate in the Greenwood District of Sebastian County, Arkansas, and that he was a citizen of that county and State at the time of his death; that at the time of his death…
1Opinion of the CourtHart, J.
(after stating the facts). The chancery court erred in sustaining the plea to the jurisdiction of the court. It is true that the estate of A. T. McMillan, deceased, was in course of administration in the probate court. The question of the title to the property did not arise in that court as a necessary incident to the administration of other matters over which the probate court had jurisdiction.
The present case involves a contest between the administrator and a claimant to certain property of the estate, and it is well settled that the probate court has no jurisdiction of a contest between an…
2Cases cited11 opinions
- Knight v. TrippCalifornia Supreme Court · 1898
- Lowe v. HartSupreme Court of Arkansas · 1910
- Union & Mercantile Trust Co. v. HudsonSupreme Court of Arkansas · 1921
- McGrath v. ReynoldsMassachusetts Supreme Judicial Court · 1875
- Ammon v. MartinSupreme Court of Arkansas · 1894
6 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Hilburn v. First State Bank of SpringdaleSupreme Court of Arkansas · 1976
- Ellsworth, Administrator v. CornesSupreme Court of Arkansas · 1942
- Hastings v. Rose CourtsSupreme Court of Arkansas · 1963
- Adams v. ShellSupreme Court of Arkansas · 1930
- Snow v. MartensenSupreme Court of Arkansas · 1974
17 more not listed; retrieve them via the Exa API.