Ex parte Tipton
Supreme Court of Arkansas
Appeal from St. Francis Circuit Court; J. M. Jackson, Judge; STATEMENT BY THE COURT. This is an appeal by an 'administrator from an order denying his application to sell the land of his intestate. The material facts are as follows: . John New at the time of his death, owned and occupied as his homestead, one hundred acres of land in St. Franeisi County, Arkansas. He was survived by his widow and a minor son, who was his sole heir at law.
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Appeal from St. Francis Circuit Court; J. M. Jackson, Judge; STATEMENT BY THE COURT. This is an appeal by an 'administrator from an order denying his application to sell the land of his intestate. The material facts are as follows: . John New at the time of his death, owned and occupied as his homestead, one hundred acres of land in St. Franeisi County, Arkansas. He was survived by his widow and a minor son, who was his sole heir at law. At the time of the trial of this action in the coart below in September, 1915, the minor was about fourteen years of age. Shortly 'after the death of John…
1DissentMcCulloch, C. J.
It seems to me that the erroneous declarations of the law made by the majority of the court in the case of Beakley v. Ford is accentuated in the opinion of the majority in the present case, and expends very far the disastrous effect of unsettling the law with respect to presumptions which ought to, and which have heretofore, attended the judgments of probate courts when collaterally attacked. The writer in his dissenting opinion in the other case referred to, showed that it has long been the settled policy of this ■court to treat, probate courts as courts of superior jurisdiction, and that on…
2Cases cited5 opinions
- Apel v. KelseySupreme Court of Arkansas · 1889
- Garibaldi v. JonesSupreme Court of Arkansas · 1886
- Alexander v. HardinSupreme Court of Arkansas · 1891
- Merrill v. HarrisSupreme Court of Arkansas · 1898
- Sturdy v. JacowaySupreme Court of Arkansas · 1858