Legal Opinion

Sexton v. Crebbins

Supreme Court of Arkansas

Decided November 19, 1906PublishedCited by 2 opinions

Appeal from Lawrence Circuit Court, Eastern District ; Richard H. Pozvell, Special-Judge; The failure to require that a guardian ad litem be appointed for the minors upon the cross-complaint of Crebbins and Gibson, and that he answer the same, is absolute error on appeal. 49 Ark. 397; 40 Ark. 56. No judgment should be rendered affecting the interests of an infant until after defense by a guardian ad litem.

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Appeal from Lawrence Circuit Court, Eastern District ; Richard H. Pozvell, Special-Judge; The failure to require that a guardian ad litem be appointed for the minors upon the cross-complaint of Crebbins and Gibson, and that he answer the same, is absolute error on appeal. 49 Ark. 397; 40 Ark. 56. No judgment should be rendered affecting the interests of an infant until after defense by a guardian ad litem. He should put in issue, and require proof of, every material allegation of a complaint prejudicial to the infant, whether it be two or not. 42 Ark. 222. When a guardian is appointed, his…

1Opinion of the CourtBattle, J.

William T. Hall, James L. Sexton, and W. G. Sexton owned certain lands as tenants in common. On the first day of January, 1888, James L. Sexton executed to Samuel M. Jarvis, as trustee for the Jarvis-Conklin Mortgage Trust Company, a deed of trust by which he conveyed to him in trust those and other lands to secure the payment of a certain note executed to the company by James L. Sexton. On the 5th day of August, 1892, W. G. Sexton died intestate, leaving his wife, Fannie Sextoh, and his two children, Nina and Curtis Sexton, his sole heirs at law, and on the 26th day of September, 1892, W. A.…

2Cases cited8 opinions

  1. Pinchback v. GravesSupreme Court of Arkansas · 1883
  2. Guardian v. DaviesSupreme Court of Arkansas · 1882
  3. Driver v. EvansSupreme Court of Arkansas · 1886
  4. Varner v. RiceSupreme Court of Arkansas · 1884
  5. Pillow v. Sentelle & Co.Supreme Court of Arkansas · 1882

3 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Evans v. DavisSupreme Court of Arkansas · 1921
  2. Ark. Tr. Co., Curator v. SimsSupreme Court of Arkansas · 1939

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