Bland v. Fleeman
Supreme Court of Arkansas
Appeal from Franklin Circuit Court in Chancery, Ozark District. Hugh F. Thomason, Judge. 1. Fraud. The payment to Parkes on a claim, never probated, of $1000 was an express violation of law. Mansf. Dig. sec. 103. The keeping open the administration for twelve years was in line and keepingwith other fraudulent acts. 53 Ark. 232; Mansf.
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Appeal from Franklin Circuit Court in Chancery, Ozark District. Hugh F. Thomason, Judge. 1. Fraud. The payment to Parkes on a claim, never probated, of $1000 was an express violation of law. Mansf. Dig. sec. 103. The keeping open the administration for twelve years was in line and keepingwith other fraudulent acts. 53 Ark. 232; Mansf. Dig. 206. Courts of chancery are still able to ferret out acts of fraud and relieve against them. 20 Ark. 527 ; 40 id. 407 ; 53 Ark. 232. The purchase of lot 3 before confirmation avoided the sale as fraudulent. 55 Ark. 85. It' was also the homestead. 47 id.…
1Opinion of the Court
John Fletcher, Special Judge.
R. H. Adams died in 1863. On November 19, 1865, M. F. Fleeman married his widow, and, on November 27, 1865, he took out letters of administration upon the estate of Adams. Fleeman made regular annual settlements in the probate court up to 1875, but his final settlement was not made until August 4, 1880, at which time he was discharged.
On 26th day of December, 1883, a part of the heirs interested in the estate, and who were non-residents, brought suit in the United States court at Fort Smith, Arkansas, against Fleeman and the other heirs, who were residents of this…
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