Clark v. Shelton
Supreme Court of Arkansas
Appeal from Hempstead Circuit Court in Chancery, 3Ion. JoiiN QuilliN, Circuit Judge. The sureties of Mrs. Clark, on her administration bond, were improper parties. The remedy against them on the bond, was purely of legal cognizance. Outlaw vs. The Governor, 5 Ark. 468/ Jones vs. The State, 14 Ark. 171. Tiie Probate Court is the forum where the alleged default of the administrator, for which they are to become liable on the bond, must be ascertained and established.
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Appeal from Hempstead Circuit Court in Chancery, 3Ion. JoiiN QuilliN, Circuit Judge. The sureties of Mrs. Clark, on her administration bond, were improper parties. The remedy against them on the bond, was purely of legal cognizance. Outlaw vs. The Governor, 5 Ark. 468/ Jones vs. The State, 14 Ark. 171. Tiie Probate Court is the forum where the alleged default of the administrator, for which they are to become liable on the bond, must be ascertained and established. The decree is erroneous, because the demand of the complainant is to be paid in full; whereas, after the decree had professed to…
1Opinion of the CourtJustice Walicer
This is a suit in chancery, brought by Shelton against Huldah Clark, as the administratrix of Benjamin Clark, deceased, and "William Trimble, William Moss, and Thomas Davidson, her securities upon the administration bond.
The complainant alleges in his bill: That on the 10th of October, 1840, in the Hempstead Circuit Court, he obtained judgment against Benjamin Clark for two hundred dollars, with interest from the 30th of April, 1830, and costs : That to hinder and delay-the collection of this judgment, Clark sold a plantation to Joel W. Hannah and Samuel Baldwin, after the judgment was…
2Cases cited3 opinions
- Moss v. SandefurSupreme Court of Arkansas · 1854
- Fretz's AppealSupreme Court of Pennsylvania · 1842
- Dooley v. DooleySupreme Court of Arkansas · 1850
3Cited by7 opinions
- Union & Mercantile Trust Co. v. HudsonSupreme Court of Arkansas · 1921
- Jackson v. GormanSupreme Court of Arkansas · 1902
- Tucker v. StewartSupreme Court of Iowa · 1910
- Planters' Mutual Insurance v. HarrisSupreme Court of Arkansas · 1910
- Shofner, Administrator v. JonesSupreme Court of Arkansas · 1940
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