Lay v. Brown
Supreme Court of Arkansas
Appeal from Benton Chancery Court; T. H. Humphreys, Chancellor; STATEMENT BY THE COURT. W. E. Lynn, a resident of Missouri, died without children, leaving a widow, and, at the time of his death owned certain real estate in Benton County, Arkansas. Clara Lay recovered judgment against his estate for $830 and costs. The estate was administered in Missouri, and only a portion of the claim paid.
Read the full summary
Appeal from Benton Chancery Court; T. H. Humphreys, Chancellor; STATEMENT BY THE COURT. W. E. Lynn, a resident of Missouri, died without children, leaving a widow, and, at the time of his death owned certain real estate in Benton County, Arkansas. Clara Lay recovered judgment against his estate for $830 and costs. The estate was administered in Missouri, and only a portion of the claim paid. Suit was filed on the judgment in Benton County, and a decree rendered for the balance due and ordering the sale of decedent’s undivided interest in the land. Proceeding under the decree, only an…
1Opinion of the Court
Kirby, J.,
(after stating the facts). It is contended for appellant that no such agreement was made as claimed by appellee, and that if made, it was invalid, being against public policy and without consideration, and not binding against her. .
The testimony was sufficient to warrant the finding of the chancellor that appellant agreed to refrain from any further proceeding against the estate of W. E. Lynn and Sarah Lynn, so far as this land was concerned, in consideration that appellee Robinson would refrain from bidding at the sale of the interest in the lands ordered sold for the satisfaction…
2Cases cited3 opinions
- Hopkins v. . EnsignNew York Court of Appeals · 1890
- Sykes v. LafferrySupreme Court of Arkansas · 1872
- Heitsch v. ColeSupreme Court of Minnesota · 1891
3Cited by5 opinions
- Jonesboro Hardware Co. v. Western Tie & Timber Co.Supreme Court of Arkansas · 1918
- Federal Compress Warehouse Company v. HallSupreme Court of Arkansas · 1945
- Mitchell v. SchulteSupreme Court of Arkansas · 1920
- Brinkley Car Works & Manufacturing Co. v. CookSupreme Court of Arkansas · 1913
- Sturgis v. WylieSupreme Court of Arkansas · 1938