DuVal v. Marshall
Supreme Court of Arkansas
APPEAL from Crawford Circuit Court in Chancery. Hon. E. L. Ham, Circuit Judge. There was no evidence of fraud, and Marshall will not be heard to say he did not know what the contract contained. 2 Phil. Ev. Cow. & Hill, ch. 8, sec. 1, note 495; Wilson v. Stray-horn, 26 Ark., 28. Properly shown that Marshall, when making the assignment, was administrator of his father’s estate according to the laws and customs of the Creek nation of Indians.
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APPEAL from Crawford Circuit Court in Chancery. Hon. E. L. Ham, Circuit Judge. There was no evidence of fraud, and Marshall will not be heard to say he did not know what the contract contained. 2 Phil. Ev. Cow. & Hill, ch. 8, sec. 1, note 495; Wilson v. Stray-horn, 26 Ark., 28. Properly shown that Marshall, when making the assignment, was administrator of his father’s estate according to the laws and customs of the Creek nation of Indians. Barkman v. Hopkins, 17 id., 154, although he was bound by it if he were not. He was estopped from denying it. Prater v. Frazier, 11 Ark., 249; Kinsworthy…
1Opinion of the Court
Walker, J.:
The material facts, as appears from the pleadings and evidence, are, that in 1860, Ben. Marshall, a native and citizen of the Creek nation of Indians, recovered judgment in an action by attachment against ®ne William B. Nowland, in the Crawford Circuit Court, for the sum of $1692.23. That the writ of attachment had been levied upon the property of Nowland, and dissolved, and the property released by the defendant executing a bond with security, in the statute form. Upon this judgment execution issued and was returned nulla bona, except as to $200, To recover the remainder of the…
2Cited by7 opinions
- Red Bud Realty Co. v. SouthSupreme Court of Arkansas · 1910
- Davison v. GibsonCourt of Appeals for the Eighth Circuit · 1893
- Lewis v. RutherfordSupreme Court of Arkansas · 1903
- Butterfield v. ButterfieldSupreme Court of Arkansas · 1906
- Hill v. BrittianSupreme Court of Arkansas · 1932
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