Mayo v. Arkansas Valley Trust Co.
Supreme Court of Arkansas
Appeal from Sebastian Chancery Court, Fort Smith District; W. A. Falconer, Chancellor; 1. This is the second appeal in this case. 132 Ark. 64. The facts and evidence are substantially the same. The law is settled by the former decision and the court below disregarded the findings of this court on remand of the case and the findings of the chancellor are against the evidence.
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Appeal from Sebastian Chancery Court, Fort Smith District; W. A. Falconer, Chancellor; 1. This is the second appeal in this case. 132 Ark. 64. The facts and evidence are substantially the same. The law is settled by the former decision and the court below disregarded the findings of this court on remand of the case and the findings of the chancellor are against the evidence. The court below erred in allowing the widow only one-third dower on $40,403.14 personalty, when the amount should have been increased by.the rents and the basis should have been one-half. Also in giving Mrs. Mayo credit…
1Opinion of the CourtMcCULLOCH, C. J.
This controversy concerning the dower of appellant in the estate of her deceased husband comes back on a second appeal. The details of the controversy were stated in the opinion on the former appeal. 132 Ark. 64.
It is contended now by learned counsel for appellant that the chancery court, in rendering the decree on the remand of the cause, disregarded the findings of this court, which became the law of the case and were binding on the chancery court, as well as on this court in the subsequent progress of the case. Counsel are mistaken in their interpretation of the opinion and former judgment…
2Cases cited2 opinions
- Mayo v. Arkansas Valley Trust Co.Supreme Court of Arkansas · 1917
- Arbaugh v. WestSupreme Court of Arkansas · 1917
3Cited by9 opinions
- Kemp v. StateSupreme Court of Arkansas · 1998
- State v. HarrisonCourt of Appeals of Texas · 2012
- Missouri Pacific Railroad v. ForemanSupreme Court of Arkansas · 1938
- Zawodniak v. StateSupreme Court of Arkansas · 1999
- Washington v. StateSupreme Court of Arkansas · 1982
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