McLain v. Brewington
Supreme Court of Arkansas
Appeal from Fulton Chancery Court; Geo. T. Humphries, Chancellor; 1. McLain had the right to appeal from the action of the probate court. Kirby’s Digest, § 1347; art. 7, § 35, Const. 1874; 18 Ark. 600; 22 Id. 368. The appeals are in proper form. Ib. Appellees can not question the transfer tlo chancery, because they asked for the transfer themselves. 2. The court erred in overruling the demurrer of appellant McLain.
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Appeal from Fulton Chancery Court; Geo. T. Humphries, Chancellor; 1. McLain had the right to appeal from the action of the probate court. Kirby’s Digest, § 1347; art. 7, § 35, Const. 1874; 18 Ark. 600; 22 Id. 368. The appeals are in proper form. Ib. Appellees can not question the transfer tlo chancery, because they asked for the transfer themselves. 2. The court erred in overruling the demurrer of appellant McLain. By electing to stand upon the one reason of tuberculosis they waived all other reasons why McLain should not be appointed, as he was competent and a suitable person for guardian.…
1Opinion of the CourtMcCULLOCH, C. J.
This is a controversy over the custody of two infant orphans under the age of fourteen years, residing in Fultlon County, and also over the appointment of a guardian for said infants. Appellant is the grandfather of the two children on the paternal side, and Hilda Brewington, one of the appellees, is the grandmother of the children on the maternal side. In June, 1918, appellant filed his application with the clerk of the prohate court of Fulton County for letters of guardianship of the persons and estates of said infants, and upon the execution of a bond the clerk issued the letters. The…
2Cases cited4 opinions
- Price v. Madison County BankSupreme Court of Arkansas · 1909
- McCracken v. McBeeSupreme Court of Arkansas · 1910
- Jackson v. GormanSupreme Court of Arkansas · 1902
- Brownfield v. Dudley E. Jones Co.Supreme Court of Arkansas · 1911
3Cited by7 opinions
- Spurrier v. SpurrierSupreme Court of Oklahoma · 1925
- Watkins v. AckerSupreme Court of Arkansas · 1937
- Coulter v. MartinSupreme Court of Arkansas · 1940
- Baxter v. DuvallSupreme Court of Arkansas · 1922
- Bonnell v. SmithSupreme Court of Arkansas · 1995
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