Sorrels v. Trantham
Supreme Court of Arkansas
APPEAL from Drew Circuit Court, in Chancery. Hon. J. M. Bradley, Judge. The suit is stale and is barred by limitation. On the marriage of Georgiana Trantham her husband became entitled to all her personal property, and might have sued at once. This suit was not brought for fourteen years after the confirmation of the account and making of the settlement.
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APPEAL from Drew Circuit Court, in Chancery. Hon. J. M. Bradley, Judge. The suit is stale and is barred by limitation. On the marriage of Georgiana Trantham her husband became entitled to all her personal property, and might have sued at once. This suit was not brought for fourteen years after the confirmation of the account and making of the settlement. Courts of equity refuse to lend their aid to enforce stale demands. 1 Story Eq., sec. 589;% ib., sec. 580, and note 3; Story Eq. PI., 756, a; 35 Ark., 187; 39 ib., 158 ; 4% ib., 491. Though “ fraud” and “ fraudulent” are repeated in the…
1Opinion of the CourtSmith, J.
The object of this bill was to reopen the account of Sorrels, as administrator of England, for false and fraudulent credits therein taken, which were particularly specified, and for a further accounting. The answer denied specifically the various charges of fraud. But at the hearing the court found that all of the disbursements, with which the administrator had been credited in the probate court, except some trifling sums paid to officers of the court, had been improperly obtained. It therefore set aside the settlement account and referred it to a master to restate the same, excluding the…
2Cases cited1 opinion
- Benjamin v. De GrootCourt for the Trial of Impeachments and Correction of Errors · 1845
3Cited by5 opinions
- Percy v. CockrillCourt of Appeals for the Eighth Circuit · 1893
- Town of Madison v. BondSupreme Court of Arkansas · 1918
- United States Fidelity & Guaranty Co. v. EdmondsonSupreme Court of Arkansas · 1933
- Sides v. JanesSupreme Court of Arkansas · 1933
- Hill v. BrittianSupreme Court of Arkansas · 1932