Meyer v. Rousseau
Supreme Court of Arkansas
APPEAL from Lincoln Circuit Court in Chancery. Hon. John A. Williams, Judge. The probate court had jurisdiction to make the order of exchange, and being approved and confirmed it is not' subject to collateral attack". If erroneous, it could only be corrected on appeal, or by direct attack for fraud. Schouler on Exrs., etc., sec. 361, 11. 2; Rorer on Jud.
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APPEAL from Lincoln Circuit Court in Chancery. Hon. John A. Williams, Judge. The probate court had jurisdiction to make the order of exchange, and being approved and confirmed it is not' subject to collateral attack". If erroneous, it could only be corrected on appeal, or by direct attack for fraud. Schouler on Exrs., etc., sec. 361, 11. 2; Rorer on Jud. Sales, sec. 313; lb., p. 138; 3 Wall., 406; 3 Sawyer, 237. A private sale of lands of a deceased person is error, 33 Ark., 89, yet upon such a petition the court would gain jurisdiction of the subject matter. 2 Wall., 216. See also Rorer Jud.…
1Opinion of the CourtBattle, J.
Mary E. Jones and Charles E. Jones were minors and the owners of certain lands in Lincoln county, and Jonathan Jones was their guardian. In 1875, Jonathan Jones, as such guardian, applied by petition to the Lincoln probate court for an order authorizing and directing him to exchange his wards’ lands for certain lands in Jefferson county, described in his petition; and the probate court directed him to make the exchange. The exchange was made. Jones, as guardian, conveyed his wards’ lands to Gabe Meyer, and Meyer conveyed to the guardian the lands in Jefferson county. Jones reported his…
2Cases cited2 opinions
- Grignon's Lessee v. ASTORSupreme Court of the United States · 1844
- The Slavers. (Reindeer.)Supreme Court of the United States · 1865
3Cited by12 opinions
- Collins v. Paepcke-Leicht Lumber Co.Supreme Court of Arkansas · 1905
- Beakley v. FordSupreme Court of Arkansas · 1916
- Coker v. StateSupreme Court of Alabama · 1890
- Gatlin v. LafonSupreme Court of Arkansas · 1910
- Clark v. StateSupreme Court of Alabama · 1910
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