Turner v. Rogers
Supreme Court of Arkansas
APPEAL from White Circuit Court, in Chancery. M. T. Sanders, Judge. The complaint alleges that in 1857 the plaintiff, T. J. Rogers, instituted suit in the White Circuit Court against Mary J. Watkins, formerly Mary J. Walker, and her then husband, Thomas Watkins, for a debt due from her to Rogers for $358.10, before her marriage to Watkins, and recovered judgment against them, which was appealed to the Supreme Court, and was there reversed and remanded; that, pending said…
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APPEAL from White Circuit Court, in Chancery. M. T. Sanders, Judge. The complaint alleges that in 1857 the plaintiff, T. J. Rogers, instituted suit in the White Circuit Court against Mary J. Watkins, formerly Mary J. Walker, and her then husband, Thomas Watkins, for a debt due from her to Rogers for $358.10, before her marriage to Watkins, and recovered judgment against them, which was appealed to the Supreme Court, and was there reversed and remanded; that, pending said appeal, the said Mary J. died intestate, and Rogers amended his pleading, and renewed the suit against John G. Holland,…
1Opinion of the CourtCockrill, C. J.
The demurrer to the bill raises the question of the jurisdiction of a court of equity to enforce the collection of a claim probated against the estate of a deceased debtor which is still in course of administration, out of lands belonging to the estate.
The jurisdiction of courts of equity in probate matters is more restricted in this State than it was under the English rule before the establishment of our probate system, and it is less liberal than is now exercised by many of the States. See 3 Pom. Eq., sec. 1154 et seq. With us the Probate Court has exclusive jurisdiction in the matter of…
2Cases cited2 opinions
- Rogers v. RewardTexas Supreme Court · 1880
- Davenport v. OggSupreme Court of Kansas · 1875
3Cited by10 opinions
- Cabin Valley Mining Co. v. HallSupreme Court of Oklahoma · 1916
- McCracken v. McBeeSupreme Court of Arkansas · 1910
- Mallen v. Ruth Oil Co.District Court, E.D. Oklahoma · 1915
- Huston v. CobleighSupreme Court of Oklahoma · 1911
- Steele v. KelleySupreme Court of Oklahoma · 1912
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