Bertig v. Higgins
Supreme Court of Arkansas
Appeal from Green Circuit Court /Frank Smith, Judge; The appellee, suing as administratrix, is not entitled to maintain this action. 24 Ark. 561; 33 Ark. 824; 38 Ark. 243; 51 Ark. 43; 70 Ark. 246. If it be conceded that appellant by his foreclosure suit obtained such title as appellee herself had, yet the interest of the minor children could not be obtained in that way, and their interest and that of creditors at least, could be protected through the administratrix.
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Appeal from Green Circuit Court /Frank Smith, Judge; The appellee, suing as administratrix, is not entitled to maintain this action. 24 Ark. 561; 33 Ark. 824; 38 Ark. 243; 51 Ark. 43; 70 Ark. 246. If it be conceded that appellant by his foreclosure suit obtained such title as appellee herself had, yet the interest of the minor children could not be obtained in that way, and their interest and that of creditors at least, could be protected through the administratrix. The reason for granting the letters of administration cannot be questioned in this case. 46 Ark. 373. And, the letters being…
1Opinion of the CourtMcCulloch, J.
J. R. Higgins, appellee’s intestate, executed to one Eisher a chattel mortgage on two mules to secure the payment of a promissory note for $200, and after the maturity of the note and after the death of J. R. Higgins the widow induced” appellant to purchase the note from Fisher, taking an assignment thereof. She represented to appellant that the two mules now in controversy were the ones embraced in the mortgage, but it was proved at the trial of this case below that they were not the same mules, and that the two embraced in the mortgage had been traded off by J. R. Higgins in his lifetime.
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2Cases cited5 opinions
- Stewart v. SmileySupreme Court of Arkansas · 1885
- Lambert v. TuckerSupreme Court of Arkansas · 1907
- Word v. WestSupreme Court of Arkansas · 1881
- Henry v. TillarSupreme Court of Arkansas · 1902
- Hampton v. PhysickSupreme Court of Arkansas · 1867
3Cited by3 opinions
- McGraw v. MillerSupreme Court of Arkansas · 1931
- Raymond v. RaymondSupreme Court of Arkansas · 1918
- McGraw v. MillerSupreme Court of Arkansas · 1931