Long v. Hoffman
Supreme Court of Arkansas
Appeal from Clay Chancery Court, Western District; Edward D. Robertson, Chancellor; 1. The probate court has no jurisdiction to order the sale of lands of an estate to pay a debt which was never probated. 38 Ark. 471; 31 Ark. 539. 2. Where the settlement of an administrator shows that he has funds on hand sufficient to pay all probated debts, the court is without authority to order a sale of the lands of the estate. 46 Ark. 373, and cases cited; 52 Ark. 320. 3. In order to…
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Appeal from Clay Chancery Court, Western District; Edward D. Robertson, Chancellor; 1. The probate court has no jurisdiction to order the sale of lands of an estate to pay a debt which was never probated. 38 Ark. 471; 31 Ark. 539. 2. Where the settlement of an administrator shows that he has funds on hand sufficient to pay all probated debts, the court is without authority to order a sale of the lands of the estate. 46 Ark. 373, and cases cited; 52 Ark. 320. 3. In order to confer jurisdiction to order a sale to pay debts, the petition therefor must state an account of all the debts against…
1Opinion of the CourtMcCulloch, C. J.
This is an action instituted in the chancery court by the widow and minor children of S. M. Long, deceased, to cancel a sale by the administrator of said decedent of certain real estate, a part of which, the plaintiffs allege, constituted the homestead of said decedent. Cancellation of the sale is sought principally on the alleged ground that the homestead was included, and also on certain other grounds which will be stated later. S. M. Long died on December 6, 1906, and was then the owner of a farm about two and one-half miles from Corning, Arkansas, and also owned several lots in the town…
2Cases cited2 opinions
- Stewart v. PritchardSupreme Court of Arkansas · 1911
- Hoshall v. BrownSupreme Court of Arkansas · 1912
3Cited by4 opinions
- Kulbeth v. Drew County Timber Co.Supreme Court of Arkansas · 1916
- McDaniel v. ConlanSupreme Court of Arkansas · 1918
- Puckett v. GlendenningSupreme Court of Arkansas · 1918
- Harper v. WisnerSupreme Court of Arkansas · 1916