Newton v. Cocke
Supreme Court of Arkansas
Writ of Error to Pulaski Circuit Court. This was an action of debt brought in the Pulaski Circuit Court by John W. Cocke, as executor of John Pope, deceased, against Ebenezer Walters, founded upon a writing obligatory executed by defendant to plaintiff’s testator. In December, 1845, a demurrer was sustained to the declaration, plaintiff brought error, and this court reversed the judgment of the Circuit Court. See Coche, Ex’r of Pope vs. Walters, 1 Eng.
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Writ of Error to Pulaski Circuit Court. This was an action of debt brought in the Pulaski Circuit Court by John W. Cocke, as executor of John Pope, deceased, against Ebenezer Walters, founded upon a writing obligatory executed by defendant to plaintiff’s testator. In December, 1845, a demurrer was sustained to the declaration, plaintiff brought error, and this court reversed the judgment of the Circuit Court. See Coche, Ex’r of Pope vs. Walters, 1 Eng. R. 404. After the cause was remanded (at May term, 1846) the defendant craved oyer of plaintiff’s letters testamentary, and plaintiff, as…
1Opinion of the CourtJustice Scott
To support the issue on the plea of ne unques executor, it was incumbent on the plaintiff below to prove his title to sue as Executor. And to do this he read in evidence a certified copy of the last will and testament of John Pope, deceased, appointing him and Daniel Ringo executors, and also read (whether as an original paper or copy does not appear) a writing which is as follows, to wit:
“Washington County Court,! August Term, 1845. )
This last will and testament was produced in Court together with codicils thereto annexed; the will was proven by the oaths of Hugh McElroy, James B. Plughes…
2Cases cited1 opinion
- Sillivant & Thorn v. ReardonSupreme Court of Arkansas · 1843